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Bombay High CourtBA/3541/2025allowed

Devvrat Rajendra Raut v. State Of Maharashtra

2025-09-23Hon'Ble Shri Justice Amit Borkar4 pages

Ashish by ASHISH SAHEBRAO MHASKE Date: 2025.09.23 18:13:54 +0530 ASHISH SAHEBRAO MHASKE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3541 OF 2025 Devvrat Rajendra Raut ... Applicant V/s.

State of Maharashtra ... Respondent Mr. Tanveer Patel, for the applicant.

Mr. Sagar R. Agarkar, APP for respondent - State. Mr. Balvant Patil, API, Khandeshwar Police Station, Navi Mumbai.

CORAM

: AMIT BORKAR, J.

DATED : SEPTEMBER 23, 2025 P.C.:

1.

By this bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicant seeks regular bail in connection with Crime Register No. 243 of 2022 registered with Khandeshwar Police Station for offences punishable under Sections 302, 120-B and 34 of the Indian Penal Code (IPC).

2.

The case of the prosecution is that the deceased was the wife of the applicant and the informant is the father of the applicant. 3.

On 15 September 2022, between 9:30 to 10:00 p.m., the informant called the deceased on her mobile phone to inquire about her whereabouts. As the deceased did not answer, the informant then called the applicant to ask about her.

4.

While the deceased was at Panvel Railway Station, she was assaulted by the co-accused with a sharp object on her neck. Due to the said injuries, she succumbed.

5.

On the basis of the statement of the informant, the present offence came to be registered.

6.

Learned Advocate for the applicant submitted that the applicant was arrested on 17 September 2022. According to the prosecution, accused no. 2, through accused no. 3, engaged accused nos. 4, 5 and 6 to commit the murder. The role attributed to the applicant is that of supplying necessary information to the co-accused for the purpose of committing the crime. He relied on the order of the Hon'ble Supreme Court passed in SLP (Crl.) No. 5240 of 2025 dated 12 August 2025, wherein accused no. 2, whose role is said to be more serious than that of the present applicant, was granted bail. He therefore submitted that the applicant deserves bail on the principle of parity. 7.

Learned APP opposed the application, submitting that the role attributed to the applicant is distinct and graver, and hence the application deserves rejection.

8.

I have considered the submissions of both sides and perused the material on record.

9.

The allegation against the applicant is that he supplied necessary information to the other accused for the purpose of committing the offence. The main act of assault is attributed to coaccused nos. 4, 5 and 6.

10.

The Supreme Court in SLP (Crl.) No. 5240 of 2025, by order dated 12 August 2025, has granted bail to accused no. 2, whose role, as per the prosecution case, is more serious than the role of the present applicant. On the principle of parity, the applicant is also entitled to be enlarged on bail.

11.

The trial is likely to take considerable time. The applicant has been in custody since 17 September 2022. Further pre-trial detention of the applicant will serve no useful purpose. 12.

In view of the above, I am satisfied that the applicant has made out a case for grant of bail.

13.

Hence, following order is passed:

(i) The applicant Devvrat Rajendra Raut is directed to be released on regular bail in connection with C.R. No. 243 of 2022, registered with Khandeshwar Police Station for offences punishable under sections 302, 120-B and 34 of the IPC, upon furnishing a cash surety of Rs.25000/- (Rupees Twenty Five Thousand only) with one or more solvent sureties in the like amount, to the satisfaction of the Trial Court, subject to the following conditions:

(a) The applicant shall not tamper with evidence, or directly or indirectly contact, influence, threaten, or intimidate any witness.

(b) The applicant shall report to the concerned Police Station, once in a month, specifically on the 1st day of each month, between 10:00 a.m. and 12:00 noon, until further

orders.

(c) The applicant shall appear before the Trial Court on every date of hearing unless exempted.

(d) The applicant shall not leave State of Maharashtra without prior written permission of the Trial Court. (e) The applicant shall not commit any offence or engage in any criminal activity during the pendency of the trial. (f) The applicant shall, at the time of furnishing surety, provide his current residential address and mobile number to the Investigating Officer as well as the Trial Court, and shall inform the Court in writing of any change in residence or contact details during the pendency of the case. (g) In case of any breach of the conditions mentioned above, the prosecution shall be at liberty to move for cancellation of bail.

14.

The bail application is disposed of.

(AMIT BORKAR, J.)