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Bombay High CourtBA/92/2026allowed

Laxman Pundalik Urkude v. State Of Maharashtra Thr Spo., Ps Bramhapuri, Dist. Chandrapur

2026-02-12Hon'Ble Shri Justice M. M. Nerlikar5 pages

2026:BHC-NAG:2463

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [BA] NO. 92 OF 2026.

Laxman Pundalik Urkude -VERSUSState of Maharashtra.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri V.N. Morande, Advocate for the Applicant. Ms M. Deshmukh, A.P.P. for the Non-applicant/State. CORAM : M.M. NERLIKAR, J.

DATE : FEBRUARY 12, 2026.

Heard.

2.

The applicant came to be arrested in connection with Crime No.654/2025 registered with Bramhapuri Police Station, District Chandrapur for the offence punishable under Sections 387, 342, 294, 506, 120-B, 326 of the Indian Penal Code, Sections 39 and 44 of the Maharashtra Money Lending (Regulation) Act. During investigation, offence under Sections 143 [1][a][f], 143[2] of the Bhartiya Nyaya Sanhita (BNS) and Sections 18 and 19 of the Transplantation of Human Organs

and Tissues Act, 1994 were added.

3.

The learned Counsel for the applicant submits that the only allegation against the present applicant is that he has given loan of Rs.4.35 lakhs to the informant, and in turn the informant has returned him Rs.16 lakhs. There are no allegations against the present applicant in respect of provisions either under Indian Penal Code or Transplantation of Human Organs and Tissues Act. It is submitted that coaccused in the matter Sanjay Vithaba Ballarpure, has been already enlarged on bail by this Court vide order dated 02.02.2026 passed in Criminal Application No.51/2026, and since the role played by the applicant is similar to that of Sanjay, he is also entitled to similar treatment. 4.

On the other hand, the learned A.P.P. vehemently opposed the application by submitting that a diary was found during search and the same was seized. Said diary contains entries in respect of present applicant. She submits that though entries are of the year 2017, however, fact remains that the applicant is engaged in the business of money lending without having a valid licence. Considering the seriousness of

the offence, the applicant does not deserve to be released on bail.

5.

I have heard the rival submissions canvassed by the learned Counsel for the parties. It appears that a diary was seized from the applicant and in that diary, the entries of 2017 are admittedly shown in respect of the transactions between the applicant and the informant. However, so far as the allegations made in the first information report about loan advanced by the present applicant to the tune of Rs.4.35 lakhs and in turn the informant has paid Rs.16 lakhs, there is nothing to show that the said transaction had ever took place. It is to be further noted that from the contents of first information report, it is revealed that the informant has borrowed loan on interest from various persons, and he was required to repay the amount to the tune of Rs.48.53 lakhs, which he has paid to different persons, who are arrayed as accused in the present case. However, there is nothing to show that the applicant has encouraged him, instigated him or aided him to sell his kidney in Cambodia. Even from the material, which is made available on record, there is nothing to show

that the present applicant is having any link with the organ transplant. In view of this, I am inclined to grant the bail, hence following order.

ORDER

(i) Criminal application is allowed and disposed of. (ii) The applicant/accused Laxman Pundalik Urkude be released on bail in connection with Crime No.654/2025 registered with Bramhapuri Police Station, District Chandrapur for the offence punishable under Sections 387, 342, 294, 506, 120B, 326 of the Indian Penal Code, Sections 39 and 44 of the Maharashtra Money Lending (Regulation) Act, Sections 143 [1][a][f], 143[2] of the Bhartiya Nyaya Sanhita (BNS) and Sections 18 and 19 of the Transplantation of Human Organs and Tissues Act, 1994 on his furnishing personal bond in the sum of Rs.25,000/- with one solvent surety in the like amount (iii) The 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.

(iv) The accused shall provide his residential address and cell number to concerned Police Station and shall not change his place of residence without prior intimation to the concerned Investigating Officer. (v) The applicant/accused shall attend each and every date of trial regularly. If he fails to attend the trial for

one date or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail.

(vi) Misc. Applications, if any, are also disposed of. JUDGE Signed by: R.G. Dhuriya (RGD) Designation: PS To Honourable Judge Date: 13/02/2026 10:46:12