Savita Nivrutti Gangad vs State of Maharashtra

By the present Application filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the Applicant is seeking regular bail in Crime No. 392 of 2024 registered with Ghoti Police Station, Taluka - Igatpuri, Dist. Nashik for the offences punishable under Section 103(1), 238, 61(2), 189(4), 191(2), 191(3) of Bharatiya Nyay Sanhita, 2023 (for short “BNS”). Said Crime is registered as Sessions Case No. 4 of 2025 and is pending before the Court of Additional Sessions Judge, Nashik.

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Talwalkar

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3. There are 7 Accused in the said Crime.

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Applicant is Accused No. 5. Applicant was arrested on 3rd October 2024. Bail Application at Exh.10 filed by the Applicant in Sessions Case No. 4 of 2025 was rejected by the Additional Sessions Judge, Nashik on 10.03.2025.

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Ms. Shraddha Sawant, learned Advocate for the Applicant submits that the Applicant is seeking bail on the sole ground of parity. She submits that Neenabai Shivaji Mengal (Accused No. 4) in the said Crime whose involvement is similar and identical to the involvement of the Applicant in Crime No. 392 of 2024 has been released on bail by the Additional Sessions Judge, Nashik vide Order dated 11^th June, 2025 passed on Exh. 25 in Sessions Case No. 4 of 2025. She tenders the copy of the said Order which is taken on record and marked 'X' for identification. She therefore submits that the Applicant who is on the same footings as that of Accused No. 4 is entitled to claim bail on the ground of parity.

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Ms. Yadav, learned APP for the State does not dispute involvement of the Applicant being similar and identical to the involvement of the Accused No. 4 in Sessions Case No. 4 of 2025. She submits that case of the Applicant can be considered on the ground of parity.

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Perused the record and the order dated 11^th June, 2025 (Exh. X) with the assistance of the learned Advocates.

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Record and more particularly, the statement of the witness namely, Kajal Dasharath Ghare indicates involvement of the Applicant and Accused No. 4 to be similar and identical in Crime No. 392 of 2024 as pointed out by Ms.

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Shradha Sawant, learned Advocate for the Applicant and confirmed by Ms. Yadav, learned APP for the State. Accused No.4 is granted bail. Applicant is therefore entitled to bail on the principle of parity considering the Applicant being identically placed with the Accused No. 4 in the said crime.

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Bail Application is therefore allowed on the following conditions : (a) Applicant be released on bail in Crime No. 392 of 2024 registered with Ghoti Police Station, Taluka Igatpuri, Dist. Nashik upon furnishing P.R. Bond in the sum of Rs. 25,000/- with one or two local sureties in the like amount to the satisfaction of the learned Additional Sessions Judge, Nashik.

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(b) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing the facts to Court or any Police Officer. The Applicant shall not tamper with evidence.

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(c) Applicant upon release within 3 days shall furnish his residential addresses with proof and contact details to the Investigating Officer, Ghoti Police Station, Nashik.

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(d) Applicant shall attend each and every date of hearing in Sessions Case No. 4 of 2025 before the learned Additional Sessions Judge, Nashik, unless exempted.

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(f) Applicant shall attend and report to the Investigating Officer, Ghoti Police Station, Dist. Nashik on every first Saturday

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of every month from 10 a.m. to 12 p.m. till framing of charge in Sessions Case No. 4 of 2025.

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