Rushikesh @ Hukya Shrikant Gade v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 693 OF 2026 VAISHALI ANIL TIKAM Rushikesh @ Hukya Shrikant Gade ...Applicant

VERSUS

The State Of Maharashtra

...Respondent

by VAISHALI ANIL TIKAM Date: 2026.04.29 14:44:41 +0530 _________________________________________________________________ Mr. Ravishankar Thombare (thr.VC) a/w. Mr.Rajabhai Choudhari, Advocate for Applicant.

Smt. Ranjana D. Humane, APP for Respondent-State. API Sonali Mithare, Sahakarnagar Police Station, Pune City present. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 27th APRIL, 2026.

P.C. :

1.

Heard learned counsel for the Applicant, learned APP for the State.

2.

By this application, the applicant is seeking regular bail in Crime No. 40 of 2021 registered with Sahakarnagar Police Station for the offence punishable under Section 395, 397 of the Indian Penal Code, 4(25) of the Arms Act, 37(1)(3)/135, 142 of MPA and u/s. 3(1)(ii), 3(4) of the Maharashtra Control of Organized Crime Act.

3.

It is prosecution's case that on 03/03/2021 around 3.15 p.m. when first informant was working in his country liquor shop, at that time, applicant and co-accused went there, assaulted him with sharp weapon

and taken away Rs.57,000/- from cash counter. 4.

It is contention of learned counsel for the Applicant that though complaint was filed against unknown person, no test identification parade of the applicant is taken. The co-accused, against whom similar allegations are leveled, has been released on bail. Applicant is behind bars for more than 5 years and there is no progress in the trial and requested to allow the application.

5.

It is contention of learned APP that applicant has 35 antecedents. He is gang leader. If he is released on bail, he may threaten prosecution witnesses and abscond and requested to reject the application. 6.

I have heard both learned counsel. Perused charge-sheet and documents produced on record.

7.

The co-accused, having similar allegations, has been released on bail. No TIP of the applicant is conducted though offence was registered against unknown person. Applicant is behind bars for more than 5 years, yet there is no progress in the trial.

6.

Considering these facts, I pass following order:

ORDER

(i) The Applicant-Rushikesh @ Hukya Shrikant Gade be released on bail in Crime No. 40 of 2021 registered with Sahakarnagar Police Station, on furnishing PR bond of Rs.25,000/- with one or two solvent

sureties in the like amount.

(ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

(iii) The Trial Court shall decide the case on its own merits and in accordance with law, uninfluenced by the observations made in this order. (iv) The Applicant shall attend the concerned Police Station as and when required.

(v) Application is allowed in the aforesaid terms. (SHIVKUMAR DIGE, J.)