Sahil Ansar Pathan v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3511 OF 2025 Sahil Ansar Pathan ... Applicant

Versus

State Of Maharashtra ... Respondent by NILAM SANTOSH KAMBLE Date: 2026.01.16 15:34:52 +0530 NILAM SANTOSH KAMBLE ________________________________________________________ Mr.Shubham S. Sane h/f Mr.Priyal G. Sarda, for the Applicant. Mr.B.B. Kulkarni, APP for Respondent-State.

Mr.Khadse, PSI, MIDC Bhosari Police Station, Pimpri Chinchwad. ________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 13th JANUARY, 2026 P.C. :

.

By this Application, Applicant is seeking regular bail in Crime No.633 of 2024 registered with MIDC Bhosari Police Station, Pimpri Chinchwad, Pune, for the offences punishable under Sections 309(6), 310(2), 111, 3(5) of the Bharatiya Nyaya Sanhita, 2023 ('BNS' for short) and Sections 3(1)(ii) and 3(4) of the The Maharashtra Control of Organised Crime Act, 1999 ('MCOC' for short).

2.

It is prosecution's case that, on 28th November 2024 at around 9.30 p.m., when the First Informant was proceeding on Pune Nashik Road,

at that time the co-accused assaulted and robbed the first informant. It is alleged that, the Applicant is auto driver and he carried the co-accused at the spot of incident.

3.

It is contention of learned counsel for the Applicant that, the Applicant was not present at the time of actual incident. The allegations against him are that he carried co-accused to the incident spot. The Applicant is behind bar for more than 1 year and two months. There is no progress in trial. Hence, requested to allow the Application. 4.

It is contention of learned APP that, some of robbed amount is recovered at the instance of the Applicant. The Applicant carried coaccused to the incident spot, where co-accused robbed the First Informant. It shows his active involvement in crime. Hence, requested to reject the Application.

5.

I have heard both learned counsel. Perused charge-sheet and documents produced on record.

6.

The Applicant was not present at the incident spot when coaccused assaulted the First Informant and robbed him. The allegations against him are that he is a auto driver and he carried the co-accused to the incident spot. The Applicant is behind bar for more than one year and two months. There is no progress in the trial. It may take time to conclude the

trial.

7.

Considering these facts, I pass following order.

ORDER

(i) The Applicant-Sahil Ansar Pathan, be released on bail in Crime No.633 of 2024 registered with MIDC Bhosari Police Station, Pimpri Chinchwad, Pune, on furnishing PR bond of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order.

(iv) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)