Regular bail application by Accused No.2 in a kidnapping-for-ransom case involving a 12-year-old boy in Sinnar, Nashik. The court found the offence grave, noted CDR evidence showing contact among accused, held the applicant's role distinct from that of already-released Accused No.4, and rejected bail.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
514 BA 464.24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO.464 OF 2024
Yash Sandip More ...Applicant
Versus
The State of Maharashtra
...Respondent
Mr. Sarthak S. Diwan, Advocate, for the Applicant. Ms. Savita Yadav, APP, for Respondent- State.
Mr. Sachin Lahamage, PSI, Sinnar Police Station, Nashik Rural.
CORAM: MADHAV J. JAMDAR, J. DATED: 21st March 2024
Yadav, learned APP for the Respondent-State.
Code of Criminal Procedure, 1973. The relevant details are as follows:-
| 1. | C.R. No. | 09 of 2023 |
|---|---|---|
| 2. | Date of registration of F.I.R. | 5 January2023 |
| 3. | Name of Police Station | Sinnar, Nashik |
| 4. | Section/s invoked | 363, 364-A, 387 & 34 of I.P.C., 1860 |
| 5. | Date of incident | 5 January2023 |
| 6. | Date of arrest | 6 January2023 |
| 7. | Date of filingCharge-sheet | 4 April 2023 |
As per the prosecution case as reflected in the F.I.R. and in the
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514 BA 464.24.doc
investigation papers, the victim - a boy aged 12 years, returned from school at about 5.15 p.m. and went to the ground at 6.00 p.m. for playing with his friends. After that, when he was returning to his house at about 7.00 p.m., two persons picked him and put him in a car and a third person was driving the said car. The Accused thereafter contacted the mother of the victim boy on cell phone. Initially the victim boy had a conversation with his mother and he informed his mother that three persons were taking him to some place and that they want to talk with her. Thereafter one person spoke with the mother of the victim and told her that the victim boy is in their custody and if the same is informed to the Police then they would kill the victim boy. Said person further told the mother that if she wants the victim boy to return safely then she would have to pay money. At that time, mother of the victim boy told the said person that she would pay the money but the victim boy must not be harmed. The said person told the mother that they would tell her about the ransom amount on the next day and then he disconnected the phone call.
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514 BA 464.24.doc
kidnapping in question and in making the ransom demand to the mother of the victim via a phone call. As far as the role of the Accused No.4 is concerned, he received a phone call from Accused No.1 at about 10.07 p.m. and the Accused Nos.1 to 3 brought the said car outside the farm house of the Accused No.4 and the Accused No.4 questioned Accused Nos.1 to 3 about the purpose of their arrival at his farm house and told them to immediately leave the said place. The prosecution case further shows that Rushikesh Annasaheb Wani i.e. cousin of the Accused No.4 told Accused Nos.1 to 3 that the said victim boy should immediately be handed over to his parents or else he would inform the Police about the same. Accordingly at about 12.30 a.m., the victim was dropped near his house by the Accused Nos. 1 to 3 and he then returned to his house.
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514 BA 464.24.doc
Applicant was present at the place of the incident in question. Learned Counsel for the Applicant submitted that the Accused No.4 has been released on bail and therefore, the Applicant may also be released on bail.
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514 BA 464.24.doc
the farm of Accused No.4, he immediately told them to leave the said place. At that time Rushikesh Annasaheb Wani i.e. cousin of the Accused No.4 told Accused Nos.1 to 3 that the victim boy should immediately be handed over to his parents or else he would inform the Police about the same. Thereafter, the victim was eventually handed over to his parents. Thus the role attributed to the Accused No. 4 is entirely different from that of the Applicant.
[MADHAV J. JAMDAR, J.]
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1 issue framed by the court
Whether the applicant (Accused No.2), who allegedly drove the vehicle used in the kidnapping of a 12-year-old boy for ransom and has been in custody over a year, should be released on bail under Secti
5 provisions across 2 enactments
Yash Sandip More
The State of Maharashtra
Madhav J. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
