Sikandar Mohammadali Shaikh v. The State Of Maharashtra
1 27.ba.51.2026
IN THE HIGH
COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO.51 OF 2026 Sanjay Vithoba Ballarpure ..vs..
State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.B. Bhise, Advocate a/w Shri Amol P. Gase, Advocate for the applicant.
Ms. P.C. Bawankule, APP for the State.
CORAM: M.M. NERLIKAR, J.
DATE :
02.02.2026.
Heard.
2.
By way of this application, the applicant is seeking regular bail in connection with Crime No.654 of 2025 registered with Bramhapuri Police Station, District Chandrapur for the offence punishable under Sections 387, 342, 294, 506, 120B, 326 of the Indian Penal Code and Sections 39, 44 of the Maharashtra Money Lending (Regulation), Act, Section 143 1(a)(f) 143(2) of the Bharatiya Nyaya Sanhita and Sections 18 and 19 of the Transplantation of Human Organs and Tissues Act, 1994 (for short hereinafter referred to as 'the Act, 1994'), on the ground that in the entire FIR there are no allegations against him.
3.
Learned Counsel for the applicant submits that the applicant has no role in the entire incident. It is alleged that the informant had borrowed some amount from one Pradip Bawankule and the amount of Rs.3,35,000/- was given through the present applicant
2 27.ba.51.2026 Sanjay Ballarpure. There are no allegations so far as the offence under Section 19 of the Act, 1994 is concerned of either giving amount by the present applicant to the informant or any link with kidney transplantation allegation. In entire FIR allegations are against accused nos. 1 to 6 i.e. accused no.1 Manish Ghatbandhe, 2.Kishor Bawankule, 3. Laxman Urkude, 4.Pradip Rambhau Bawankule, 5. Pradip Bawankule, 6. Satyawan Borkar. There are vague allegations made against the applicant. It appears from the FIR that Rs.3,35,000/- has been paid to Pradip Bawankule through present applicant. Except this, there are no allegations in the FIR. And therefore, as there is no material against the present applicant, he may be enlarged on bail.
4.
On the other hand, learned APP vehemently opposes the application submitting that the applicant along with other co-accused harassed the informant. He was required to sell his kidney as the threats were given by the accused persons including the present applicant for repayment of loan. All the accused persons in furtherance of common intention has committed the offence. From the FIR it appears that, present applicant was the mediator and therefore, she submits that there is recovery of one stamp paper of Rs.100/-. The very recovery of the stamp paper would demonstrates that the present applicant is involved in money lending business. As all the accused persons have threatened the informant for repayment of amount, he was required to sell his kidney in Cambodia. Lastly she submits that it is not a fit case to enlarge the accused on bail.
3 27.ba.51.2026 5.
Upon hearing both the sides and after perusal of the FIR as well as the investigation papers, it reveals that the FIR has been registered against various persons under the provisions of IPC, BNS and under the Act, of 1994. It appears from the FIR that the informant has borrowed loan from various persons. Further, allegations would depicts that he has paid Rs.48,53,000/- to accused persons. The role of the present applicant is shown as a mediator through whom the amount of Rs.3,35,000/- has been paid to Pradip Bawankule. Except this allegation, there is no other allegation against applicant Perusal of case diary reveals that absolutely there is no material against the present applicant in order to connect him either with the offence punishable under IPC, BNS or the Act of 1994. Therefore, I am inclined to grant bail to the applicant on certain terms and conditions. Hence, the following order :
(a) The application is allowed.
(b) The applicant/accused Sanjay Vithoba Ballarpure in connection with Crime No.654 of 2025 registered with Bramhapuri Police Station, District Chandrapur be released on bail on furnishing P.R. bond of Rs.25,000/- with one to two sureties in the like amount (c) The accused/applicant shall attend the concerned Police Station twice in a month. If he fails to attend the police station for two consecutive dates, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail.
4 27.ba.51.2026 (d) The accused shall provide his residential address and cell number to Police station concerned and shall not change his place of residence without prior intimation to the investigating Agency.
(e) The applicant/accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence.
6.
The observation of this Court are prima facie in nature and the Trial Court shall not be influenced by the same.
(M.M. NERLIKAR , J.
) Trupti Signed by: Trupti D. Agrawal Designation: PA To Honourable Judge Date: 02/02/2026 19:50:30