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Bombay High CourtAPPLN/457/2026disposed off

Sandeep Ishwar Bhosale v. The State Of Maharashtra

2026-02-04Hon'Ble Shri Justice Sachin S. Deshmukh4 pages

2026:BHC-AUG:4910 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 2558 OF 2025 SANDEEP ISHWAR BHOSALE

VERSUS

THE STATE OF MAHARASHTRA *** Advocate for Applicant : Mr. Satyajit S. Bora APP for Respondents-State : Mr. C. V. Bhadane *** WITH CRIMINAL APPLICATION NO. 457 OF 2026 IN BA/2558/2025 *** CORAM : SACHIN S. DESHMUKH, J.

Date : 4th February, 2026 ORDER :- 1.

The applicant has approached this Court seeking regular bail in connection with FIR dated 06.08.2025 bearing Crime No. 226 of 2025 registered with Pimpalner Police Station, Dist. Beed for the offences punishable under Sections 305, 331(3) of the Bharatiya Nyaya Sanhita, 2023.

2.

The prosecution case is that on 05.08.2025, the complainant returned from field at approximately 5:30 PM,noticing that the locks of his residence broken. Upon inspection, it was discovered that gold and silver ornaments, along with cash,

-2totalling an estimated value of Rs. 1,15,000/- had been stolen. During the subsequent investigation, the accused was arrested, and a partial recovery of property valued at Rs. 45,000/- was allegedly effected from his possession.

3.

The learned counsel for applicant submits that applicants is arrested in this crime on 12.11.2025 on the ground of suspicion. Since then, applicant is in jail. Test identification parade is not conducted. No purpose would be served by keeping the applicant behind the bar. Hence, prayed to allow the application. 4.

The learned APP has opposed the application submitting that the offence is serious in nature and there is sufficient material on record to establish the complicity of the applicant apart from offence of similar nature. If the applicant is released on bail, there is a strong likelihood of tampering with the prosecution evidence and the possibility of repeating offences of the same nature As such, prayed to reject the application.

5.

Upon considering the submissions of both the sides and perusing the material on record, including the charge-sheet, prima facie, the report lodged,is against the unknown persons. After completion of investigation, the name of applicant arrayed in the charge-sheet. Perusal of record indicates that Test Identification

-3- (TI) parade is not conducted till today.

6.

Moreover, the prosecution has already effected a recovery of properties valued at Rs. 45,000/-. Since the recovery from the applicant is complete, the custodial interrogation is no longer required for the purpose of the investigation. 7.

Thus, in my considered opinion, case is made out to warranting exercise discretion. No fruitful purpose would be served by keeping the applicant behind the bar. The apprehension expressed by the learned APP about misuse of liberty can be adequately taken care of by imposing stringent conditions. Thus, the applicant deserves to be enlarged on bail. Hence, the following order :-

ORDER

(I) Application is allowed.

(II) Applicant - Sandeep Ishwar Bhosale be released on regular bail on furnishing P.R. bond of Rs. 50,000/- (Fifty Thousand Only) with one or two local solvent sureties in the like amount, in connection with Crime No. 226 of 2025 registered with Pimpalner Police Station, Dist. Beed for the offences punishable under Sections 305, 331(3) of the Bharatiya Nyaya Sanhita, 2023, on the following conditions :- (a) The applicant shall attend each and every date of the

-4Trial Court unless exempted by the Trial Court. (b) The applicant shall not leave the jurisdiction of concerned Police Station, without prior permission, till conclusion of trial.

(c) The applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.

(d) The applicant shall submit his Aadhar and Pan Card to the Investigation Officer and detailed addresses and phone numbers of applicant and two of the near relatives.

(e) Breach of any of the conditions by the applicants would entail the cancellation of the bail.

(III) Needless to states that the observations rendered herein are to the extent of this application and the trial court shall not be influenced by the same. (IV) Resultantly, pending criminal application also stands disposed of.

(SACHIN S. DESHMUKH, J.) Omkar Joshi