Ramdas Chandrahar Shinde And ANR v. State Of Maharashtra

by ARUNA SANDEEP TALWALKAR Date:

2025.06.03 20:52:21 +0530 ARUNA SANDEEP TALWALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 1355 OF 2025

1. Ramdas Chandrahar Shinde.

2. Natha Chandrahar Batkharbar.

... Applicants.

Vs.

The State of Maharashtra ... Respondent.

--- Mr. Rahul B. Khot h/f. Mr. Sachin M. Bhavar, Advocate for Applicants. Ms. Gauri S. Rao, APP for Respondent/State.

PSI Pakhare, Karmala Police Station.

--- CORAM : ASHWIN D.BHOBE, J.

DATE : 3rd JUNE, 2025.

(VACATION COURT) P.C. :

1.

Heard Mr. Rahul B. Khot, learned Advocate for the Applicant and Ms. Gauri S. Rao, learned APP for Respondent-State. 2.

By the present Application under Section 482 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (for short "BNSS), the Applicants are seeking Anticipatory bail in C.R. No. 249 OF 2025 registered with Karmala Police Station, Dist. Solapur for offence punishable under Section 115(2), 118(1), 118(2), 189, 190,191, 351(2), 352 of the Bhartiya Nyaya Sanhita, 2023.

3.

Anticipatory Bail Application No. 246 of 2025 filed by the Applicants was dismissed by the learned Additional Sessions Judge, Barshi, by order dated 6th May, 2025 4.

Mr. Rahul Khot, learned Advocate for the Applicants submits that there are seven accused in the present Crime. Out of seven co-accused, two accused have been released on regular bail and one accused is enlarged on anticipatory bail. He submits that role of the said three coaccused who are released on bail, in the said crime is similar to the role as alleged against the Applicants. He states that investigation is completed and presence of the Applicants for custodial interrogation is not required. He places reliance on the Order dated 16th April, 2025 passed by the Judicial Magistrate, First Class, Karmala, releasing the Accused Nos. 4 and 7 in the said crime on bail. The same is taken on record and marked "X" collectively (pages 1 to 4) for identification. He therefore, seeks parity.

5.

Ms. Gauri Rao, learned APP for the Respondent submits that the allegations against the three co-accused who are released on bail are similar to the role assigned to the Applicants. She fairly states that the role which was assigned to the accused No. 4 who is released on regular bail is more serious than the role assigned to the present

Applicants. She further fairly submits that the Applicants in the facts and circumstances of the present case would be entitled to the parity, subject to stringent condition being imposed on the Applicants. 6.

In view of the above and the statement made by the learned APP, the Applicants are granted pre-arrest bail subject to the following conditions :

(a) In the event of arrest of the Applicants in FIR bearing Crime No. 249 of 2025, registered with Karmala Police Station, Dist. Solapur, each of the Applicant, shall be released on furnishing P.R. Bond in the sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the Additional Sessions Judge, Barshi. (b) The Applicants shall not contact and/or threaten/influence any witnesses in the present crime.

(c) The Applicants shall report and appear before the Investigating Officer, Karmala Police Station, District-Solapur on every Monday of the week commencing from 9th June, 2025 from 10 a.m. to 2 p.m. and/or any other day, as may be required by the Investigating Officer, Karmala Police Station, District-Solapur and cooperate to the Investigating Officer.

(d) The Applicants shall provide residential address, mobile

number to the Investigating Officer of Karmala Police Station. 7.

Criminal Anticipatory Bail Application No. 1355 of 2025 is allowed and disposed in the above said terms. [ASHWIN D.BHOBE, J.]