Sachin Rajaram Patil v. The State Of Maharashtra And Another

1 907.ABA-289-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 289 OF 2026 SACHIN RAJARAM PATIL

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Aditya S Raktade a/w Mr. Somit Vanbhatte & Mr. Satyajeet Swami APP for Respondents/State : Mr. Pankaj P. Deokar ...

CORAM : MEHROZ K. PATHAN, J.

DATE : 11th JUNE 2026 PER COURT :

1.

Heard the learned Counsel for the Applicant and the learned APP for the State.

2.

The Applicant has approached this Court, seeking anticipatory bail in connection with Crime No.127/2026 registered with Laxmipuri Police Station, District Kolhapur for the offences punishable under Sections 309(4), 204, 351, 3(5), 115(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

The learned Counsel for the Applicant submits that the Applicant is falsely implicated in the present crime. The Applicant was not even named in the FIR and is wrongly roped in only with an intention to wreak vengeance, as he was working as a Sarpanch at

2 907.ABA-289-2026.doc village Mhalsavade. The Applicant's name cropped up only in the second remand report when the arrested accused was produced before the Magistrate. The entire allegations regarding transfer of money and making phone calls demanding extortion are against the main accused/Suraj, who has already been arrested and released on regular bail. The Applicant has one prior criminal antecedent from the year 2018, registered with Karveer Police Station as Crime No. 371/2018 under Section 420 of the Indian Penal Code, in which he was released on bail. Apart from the aforesaid case, the Applicant has no other criminal antecedents. The Applicant has deep roots in society and is ready to abide by any conditions that may be imposed by this Court. Hence he may be protected and released on anticipatory bail.

4.

As against this, the learned APP strongly opposes the present application on the ground that the Applicant's name was revealed during the custodial interrogation of the arrested accused, Suraj. There are serious allegations of extortion and kidnapping against the applicant. Even though the entire amount of Rs. 5,000 extorted by Suraj has already been recovered, custodial interrogation of the Applicant is necessary to unearth the conspiracy and ascertain the involvement of other persons in the present crime. The Applicant is absconding since the date of registration of the offence. Hence this is not a fit case to release the Applicant on anticipatory bail. 5.

I have gone through the investigation papers made available

3 907.ABA-289-2026.doc by the learned APP. On perusal of the investigation papers and the remand application filed by Laxmipuri Police Station, District Kolhapur, it is seen that the amount of Rs. 5,000 has already been recovered from the arrested accused/Suraj. The applicant is not directly named in the FIR and has been added as an accused only on the basis of the statement of the arrested accused/Suraj. Nothing remains to be recovered at the instance of the Applicant. Even the allegations of transfer of money through UPI are against the arrested accused/Suraj. Hence, I do not find any reason to grant custodial interrogation of the Applicant. The apprehension of the learned APP can be taken care of by imposing conditions upon the Applicant. .

Be that as it may, these observations are prima facie in nature and are made only with purpose to decide the application and the same shall not influence the trial Court. Taking into consideration the nature of allegations and also the fact that the amount alleged to have been misappropriated have already been recovered at the instance of arrested accused, I am inclined to protect the Applicant in exercise of powers under Section 482 of the BNSS, however upon certain conditions. Hence the following order :

ORDER

(i) In the event of arrest of the Applicant - Sachin Rajaram Patil in connection with Crime No.127/2026 registered with Laxmipuri Police Station, District Kolhapur for the offences punishable under Sections 309(4), 204, 351, 3(5), 115(2) of the Bharatiya Nyaya Sanhita, 2023, he be released on bail on furnishing P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties in the

4 907.ABA-289-2026.doc like amount, on the following conditions :

(a) The Applicant shall attend Laxmipuri Police Station, District Kolhapur on every Tuesday and Wednesday between 11:00 am. to 01:00 pm. and thereafter as when called by the Investigating Officer, till filing of the charge-sheet.

(b) The Applicant shall not tamper with the prosecution evidence and shall not influence the witnesses.

(c) The Applicant shall submit his Aadhar and PAN Cards to the Investigating Officer and detailed addresses and phone numbers of himself and two of the near relatives.

(d) A single violation of the conditions would entitle the prosecution to seek cancellation of the bail of the Applicant. (ii) The application is allowed in the above terms and stands disposed of.

MEHROZ K. PATHAN JUDGE NAJEEB..