Rahul Ajaykumar Gupta vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

Rahul Ajaykumar Gupta vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant to be released on bail in C.R. No. 242 of 2023 (Ambad Police Station, Nashik) on furnishing P.R Bond of Rs.25,000/- with one or two sureties in the like amount, subject to conditions: (i) shall not enter the limits of Nashik District till conclusion of the trial; (ii) shall provide residential address and name of nearby police station to the investigating officer and attend that police station on the 1st day of every month between 10.00 am to 11.00 am till conclusion of the trial except on trial dates; (iii) shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case and shall not tamper with evidence; liberty reserved to the State to apply for cancellation of bail on breach of any condition or if the applicant commits any other crime.

Issue for consideration

Whether the applicant, arrested in Crime No.242 of 2023 (Ambad Police Station, Nashik) under IPC, Arms Act and MCOCA provisions, should be released on regular bail. +1 more

Ratio / Principle

On perusal of the charge-sheet, the allegations against the present applicant appear to be similar to those against the co-accused Kishor Wakode.

Key takeaways

Since this Court had already granted bail to the co-accused Kishor Wakode, against whom there were criminal antecedents, the applicant was entitled to be released on bail on the ground of parity, despite the prosecution's objection regarding his involvement in other crimes.ratio¶19

Detailed headnote1 paragraphs

Bombay High Court, Criminal Appellate Jurisdiction — Bail Application No. 2581 of 2024, decided 21.03.2025 by N.R. Borkar, J. Rahul A. Gupta, arrested in Crime No.242 of 2023 (Ambad Police Station, Nashik) for offences punishable under Sections 307, 109, 114, 120B, 201, 385 IPC, Section 3(1) read with 25 Arms Act and Sections 3(1)(ii), 3(2) & 3(4) Maharashtra Control of Organized Crime Act, and alleged to be a member of an organised crime syndicate formed by Kiran Shelke that attempted to kill the victim by shooting him with a country-made pistol on 16.04.2023, was granted regular bail solely on the ground of parity: the allegations against him were found similar to those against co-accused Kishor Wakode, who had been released on bail by this Court on 27.11.2024 in Criminal Bail Application No. 1859 of 2024 despite having criminal antecedents. The prosecution's objection that the applicant was involved in three more serious crimes did not prevail. Bail was granted on a P.R Bond of Rs.25,000/- with one or two sureties in the like amount, with conditions barring the applicant from entering Nashik District till trial concluded, requiring monthly reporting at the notified police station, prohibiting inducement, threat, promise or tampering with evidence, and reserving liberty to the State to seek cancellation of bail on breach.

905-ba-2581-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2581 OF 2024

Rahul A. Gupta V/s.

State of Maharashtra

…Applicant

...Respondent.

Mr. Mandar Goswami a/w. Mr.Siddhant Choudhari for the Applicant. Mr. Vinod Chate, APP for the Respondent/State.

CORAM : N.R. BORKAR, J. DATE : 21.03.2025.

P.C. :

This is an application for regular bail.

The applicant came to be arrested in Crime No.242 of 2023 registered at Ambad Police Station, Nashik for the offences punishable under Sections 307, 109, 114, 120B, 201, 385 of the Indian Penal Code and Section 3 (1) read with 25 of the Arms Act and Sections 3(1)(ii), 3(2) & 3(4) of the Maharashtra Control of Organized Crime Act.

According to the prosecution the present applicant is a member of organised crime syndicate formed by Kiran Shelke. It is alleged that there was enmity between victim and certain gang members. It is alleged that, thus, on the date of incident which took place on 16.04.2023 they tried to kill him by shooting him with a country-made pistol.

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Dinesh S. Sherla

905-ba-2581-24.doc

I have heard the learned counsel for the applicant and the learned APP for the respondent/State.

The bail is sought on the ground of parity. In support of the said ground, the learned counsel for the applicant has placed on record the copy of order passed by this Court dated 27.11.2024 in Criminal Bail Application No. 1859 of 2024. By the said order, this Court has released the co-accused Kishor Wakode on bail. Learned counsel for the applicant submits that the allegations against the said co-accused Kishor Wakode and the present applicant are identical.

On the other hand, learned APP for the respondent/State submits that the applicant is involved in three more crimes of serious nature. It is submitted that the applicant therefore may not be released on bail.

I have perused the charge-sheet. The allegations against the present applicant and the co-accused Kishor Wakode appear to be similar. As this Court has granted bail to the co-accused Kishor Wakode against whom also there are criminal antecedents and thus I am inclined to release the applicant on bail. In the result, the following order is passed.

O R D E R

A] The Application is allowed. B] The applicant be released on bail in C.R. No. 242 of 2023 registered at Ambad Police Station, Nashik for the

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Dinesh S. Sherla

905-ba-2581-24.doc

offences punishable under Sections 307, 109, 114, 120B, 201, 385 of the Indian Penal Code and Section 3 (1) read with 25 of the Arms Act and Sections 3(1)(ii), 3(2) & 3(4) of the Maharashtra Control of Organized Crime Act on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C] The applicant shall not enter into limits of Nashik District, till the conclusion of the trial.

D] The applicant shall provide his residential address and name of the nearby police station to the investigating officer and he shall attend the said Police Station on 1^st day of every month between 10.00 am to 11.00 am, till the conclusion of the trial except on the date of trial;

E] The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;

F] Liberty is granted to the State to apply for cancellation of bail in case of breach of any of the above condition or if the applicant commits any other crime;

[N.R.BORKAR, J.]

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Dinesh S. Sherla