← Library
Bombay High CourtBA/713/2026application allowed

Rameshwar Sitaram Kale v. The State Of Maharashtra

2026-04-30Hon'Ble Shri Justice Shailesh P. Brahme3 pages

2026:BHC-AUG:19940 1 713 - 2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 32 BAIL APPLICATION NO. 713 OF 2026 Rameshwar S/o Sitaram Kale, Age : 37 years, Occu. : Service, R/o : At Post Bazar Wahegaon, Badnapur .. Applicant

Versus

State of Maharashtra, Through Incharge Officer, MIDC CIDCO Police Station, Aurangabad .. Respondent ...

Advocate for applicant : Dr. Anagha N. Pedgaonkar APP for respondent - State : Mr. C.V. Bhadane

CORAM

: SHAILESH P. BRAHME, J.

DATE : 30.04.2026 PER COURT :

Heard both sides.

2.

The applicant is seeking enlargement on bail in connection with Crime No.93 of 2026, registered with MIDC CIDCO Police Station, Dist. Chhatrapati Sambhajinagar (Urban) for the offences punishable under Section 140(3). 309(6), 124(2), 3(5) of Bharatiya Nyaya Sanhita, 2023. 3.

The FIR is lodged against four persons including the applicant. He was arrested on 19.02.2026. The investigation is underway. In this backdrop, this Court is dealing with the application for regular bail. 4.

It is reported to the Police that informant had been to his agricultural field on 15.02.2026 which is situated at Chikalthana and while returning home after 11.30 am, he was being abducted by unidentified persons. He was taken to unknown place through his own car by masking the eyes. He is alleged to have 1/3

2 713 - 2026 been threatened, assaulted and tied by the rope. He was being demanded money. The cash and golden ring was snatched from him. He was being asked indiscriminate questions regarding his property disputes and the Court matters. Thereafter, he was dropped at Kingaon Chaufuli, Tq. Badnapur and the accused fled away. The cash amount of Rs.800/- and a golden ring worth Rs.40,000/- have been stolen from him.

5.

Learned counsel for the applicant submits that her client is falsely implicated in the offence. Applicant has not been identified during the course of investigation. No test identification parade is conducted since his arrest. One of the co-accused - Santosh who is the prime suspect, has been released on bail by the Sessions Court. No material is collected to show involvement of the applicant. The investigation is on the verge of filing of the chargesheet. 6.

Learned APP repels the submissions, mainly on the ground that investigation is underway. It transpired from the investigation that applicant was in a Ertiga car and following the car in which informant was being abducted. He was monitoring the overt act. The CDR would indicate active participation of the applicant.

7.

FIR is lodged against unidentified persons. One of the co-accused Santosh Pawar, has already been released on bail by the Sessions Court. He is said to have received the contract of abduction. Prima facie, no incriminating material is pointed by the respondent against the applicant. 8.

The applicant was arrested on 19.02.2026. There was ample time with the Investigating Officer to conduct identification parade but same has not been done. The complicity of the applicant can be examined on the basis of CDR during the course of trial. No recovery is reported at the instance of the applicant. 9.

The implication of the applicant, appears to be due to his friendship with Laxmanrao Pawar, who is at the loggerhead with the informant. There is no material to show use of any acid. No material is collected to show that applicant was monitoring the abduction and following the car of the victim. I find that case is made out to enlarge the applicant on bail. 2/3

3 713 - 2026 10.

I, therefore, pass the following order :- I] The Bail Application is allowed.

II] The applicant shall be released on bail in connection with Crime No.93 of 2026, registered with MIDC CIDCO Police Station, Dist. Chhatrapati Sambhajinagar (Urban) for the offences punishable under Section 140(3). 309(6), 124(2), 3(5) of Bharatiya Nyaya Sanhita, 2023, on following conditions: (a)The applicant shall furnish P.R. bond of Rs.40,000/- (Rs. Forty Thousand only) with one solvent surety of like amount. (b) The applicant shall desist from indulging in such type of activities.

(c)The applicant shall not tamper with prosecution evidence or contact with the prosecution witnesses.

(d)The applicant shall furnish his mobile/cell number and address to the investigating officer.

(e) The applicant shall co-operate for expeditious disposal of the trial.

(f) The applicant shall surrender Adhaar / PAN Cards, if any, to the Investigating Officer.

(g) The applicant shall make himself available as and when called by the Investigating Officer, till filing of the chargesheet. (SHAILESH P. BRAHME), JUDGE arp/- 3/3