Ajay Nandu Hole v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4908 OF 2025 Ajay Nandu Hole ... Applicant

Versus

The State of Maharashtra ... Respondent _________________________________________________________________ Mr. Ashraft Kazi a/w. Mr. Vipul Dushing, Mr. Tanmay Kate and Ms. Navinya Gadiya, Advocates for the Applicant.

Ms. Kranti T. Hiwrale, APP for the Respondent-State. Mr. Akshay M. Mote, PSI- Chakan South Police Station, Pune, present. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 17th MARCH, 2026.

P.C. :

1.

By this Application, Applicant is seeking regular bail in Crime No.755 of 2023 registered with Chakan Police Station, Pune, for the offences punishable under Sections 395, 364-A, 387 and 120B of the Indian Penal Code, 1860 ('IPC' for short), Sections 3(1)(i)(ii), 3(2) and 3(4) of the The Maharashtra Control of Organised Crime Act, 1999 ('MCOC' Act).

2.

It is prosecution's case that on 21st September 2023, around 9.15 p.m., the Applicant and co-accused kidnapped the First Informant and co-accused forcibly took out Rs.20,000/- from his bag. He was threatened and compelled to make phone calls to his family members and asked to

pay Rs.1 crore, it was reduced to Rs.12 lakhs and thereafter it was reduced to Rs.5 lakhs.

3.

It is contention of learned counsel for the applicant that applicant is behind bars for more than two years and five months. The applicant has only one antecedent. There is no progress in the trial. Though applicant is identified in test identification parade, the test identification parade is conducted after three months of the arrest of the applicant. The co-accused Shri. Pranit Gosavi has been released on bail by this Court. Hence, requested to allow the application. 4.

It is contention of learned APP that the Applicant has antecedents. The provisions of MCOC are applied against him. If Applicant released on bail, he may abscond or threaten First Informant and prosecution witnesses. Hence, requested to reject the Application. 5.

I have heard both learned counsel. Perused charge-sheet and documents produced on record. The test identification parade of the applicant is taken after three months of his arrest. The applicant has only one antecedent. The applicant is behind bars more than two years and five months. There is no progress in the trial. The co-accused having similar allegations has been released on bail. It may take time to conclude the trial. Considering these facts, I pass following order:

ORDER

i.

The applicant be enlarged on bail inNo.755 of 2023 registered with Chakan Police Station, Pune, on executing P.R.Bond of Rs. 30,000/- on furnishing one or two sureties in the like amount.

ii.

The applicant shall attend the concerned police station as and when required.

iii.

The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case. 6.

The application is allowed in the aforesaid terms and is accordingly disposed of. All pending applications, if any, disposed of. 7.

It is made clear that the above observations are made only for the purpose of granting bail and the Trial Court shall decide the case on its own merits in accordance with law and uninfluenced by the observations made in this order.

8.

All concerned to act on the authenticated copy of this order. (SHIVKUMAR DIGE, J.) by SONALI SATISH KILAJE Date:

2026.03.24 12:03:16 +0700 SONALI SATISH KILAJE