Raj Santosh Chorghe v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2650 OF 2025 IN CRIMINAL BAIL APPLICATION NO. 2549 OF 2025 Raj Santosh Chorghe ... Applicant.

Vs.

The State of Maharashtra ... Respondent.

**** Mr. Abhishek R. Avachat a/w Mr. Aditya Savtakke, Siddhant Deshpande i/b P. V. Pardeshi & Associates, Advocate for the Applicant. Mr. Hrishikesh P. Giri for Intervener.

Dr. A. A. Takalkar, APP for Respondent/State. Mr. S. S. Gire-PSI, Haveli Police Station, Pune. **** CORAM :

ASHWIN D. BHOBE, J.

DATE :

18th JULY, 2025.

P.C. :

1.

Heard Mr. Abhishek Avachat, learned Advocate for the Applicant, Dr. A. A. Takalkar, learned APP for the State and Mr. Hrishikesh P. Giri for Intervener.

2.

By the Criminal Bail Application No. 2549 of 2025, the Applicant is before this Court seeking regular bail in connection with Crime No. 53 of 2025 registered with Haveli Police Station for the offences punishable under Sections 105, 106, 281, 125(a), 125(b), 324(4) of BNSS, 2023 and Sections 184, 134,/177, 4/122, 177(A) of the Motor Vehicle Act, 1988. Applicant was arrested on 16th May, 2025 and since then is in jail.

3.

Applicant has filed the instant Interim Application in Bail

Application No. 2549 of 2025, on the ground of urgency. Urgency is the need for the Applicant to appear in his 3rd year B.Sc. Hospitality Studies examination conducted by the Ambrosia Institute of Hotel Management, Bavdhan Kurud Pune, which have commenced with effect from 09th July, 2025. Applicant has sought for the following reliefs in paragraph No.9(A) of the Application:- "A. The Applicant Raj Santosh Chorghe may pleased be released on Interim bail So as to appear for his college examinations which has commenced from 9th July 2025 and are to go on till 4th of Sept 2025, in connection with Haveli Police Station C.R. No.53/2025 registered under Section 105, 106, 281, 125 (a), 125 (b), 324 (4) of BNS, 2023 and section 184, 134/177, 4/122, 177 (A) of Motor Vehicle Act, 1988 on such terms and condition as this Hon'ble Court may deem fit and proper;" 4.

Dr. A. A. Takalkar, learned APP for the State tenders copies of letter dated 15th June, 2025 issued by the Police Inspector Haveli Police Station to the office of the learned APP, copy the letter dated 16th July, 2025 issued by the Police Inspector to Ambrosia Institute of Hotel Management, Bavdhan Kurud Pune and the reply dated 16th July, 2025 Ambrosia Institute of Hotel Management Bavdhan Kurud Pune (5 Nos. pages), the same are taken on record and marked ''X colly" for identification. By referring to the said documents Dr. A. A. Takalkar without prejudice to the contentions of the prosecution in Bail Application No. 2549 of 2025 submits that the Investigation Officer in the present crime as verified the claim as made by the Applicant with reference to the Applicant being a student of Ambrosia Institute of Hotel Management, Bavdhan Kurud Pune and the scheduled examination. She submits that the Investigation Officer is satisfied of the genuineness of the request made by the Applicant in the present Interim Application. She submits that the present Interim Application be granted by

permitting the Applicant to appear for the examination w.e.f. 21st July, 2025 up to 4th September, 2025 as claim by Advocate Avachat for the Applicant by referring to the scheduled annexed to the Interim Application. She submits that conditions are required to be imposed on the Applicant. She suggest that the Applicant should utilize is liberty for the period from 21st July, 2025 up to 4th September, 2025 only for the purpose of preparing and appearing for the examination ; that the Applicant should not indulge in any Criminal activities; and Applicant should not interfere with any prosecution witnesses or tamper with evidence.

5.

Mr. Abhishek Avachat, learned Advocate for the Applicant, on instructions from the Applicant states that the Applicant shall utilize the period of bail (from 21st July, 2025 up to 4th September, 2025) for the purpose of preparing and attending his examination. He submits that the Applicant shall not ask for extension of time. He submits that Applicant shall surrender before the jail authorities on 5th September, 2025 before 1.00 p.m. Statements made by Mr. Abhishek Avachat, learned Advocate for the Applicant are accepted as statements to the Court.

6.

In view of the statements made by the Applicant in the Interim Application, statements made by Mr. Avachat, learned Advocate for the Applicant and the concession made on behalf of the Investigation Officer in the present crime, this Application is allowed subject to the following conditions :- (a) Applicant is directed to be released on Interim bail in connection with Crime No. 53 of 2025 registered with Haveli

Police Station, Dist. Pune, on his furnishing PR bond in the sum of Rs. 25,000/- with one or two sureties in the like amount to the satisfaction of the Additional Sessions Judge, Pune. (b) Applicant is released on interim bail for a limited period commencing from 19th July, 2025 up to 5th September, 2025. Applicant shall surrender before the jail authorities on 5th September, 2025 on or before 1.00 p.m.

(c) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of the case so as to dissuade them from disclosing the facts to the Court or any police officer and shall not tamper with evidence. (d) Applicant shall not contact the family of the victim or any of the prosecution witnesses.

(e) Applicant shall furnish his address during the period from 21st July, 2025 up to 4th September, 2025 as also his mobile number to the Investigation Officer, within 3 days from his release from jail.

7.

Interim Application No. 2650 of 2025 is disposed in the above said terms.

8.

Private Assistant of this Court. All concerned shall Act on production of (ASHWIN D. BHOBE, J.) by GAYATRI RAJENDRA SHIMPI Date:

2025.07.18 18:59:33 +0530 GAYATRI RAJENDRA SHIMPI