Dharasing @ Darsingh Trimbak Bhosale Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

Dharasing @ Darsingh Trimbak Bhosale Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application allowed: applicant to be released on bail in connection with Crime No. 42/2010 dated 12.4.2010 registered with Paithan Police Station, District Aurangabad, on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount, subject to conditions — (b) no contact with the informant during the pendency of the trial; (c) cooperation with the trial Court and attendance on every date unless exempted with reasons recorded in writing; (d) no tampering with prosecution evidence and no influencing the informant, witnesses or other persons concerned; (e) placing contact number and residential address on record with updates on any change; breach of conditions renders the bail liable to cancellation; observations limited to disposal of the bail application.

Issue for consideration

Whether the applicant, arrested on 21.10.2024 in connection with Crime No. 42/2010 (Sections 399, 402, 401 IPC and Section 25(1)(3) of the Arms Act), whose alleged role is identical to that of co-accused already acquitted by the Trial Court and whose absence had kept the case pending, should be released on bail.

Court's answer

Since the role of the applicant is identical to that of the co-accused who were acquitted by the Trial Court, and this fact was not disputed by the learned APP, the Court deemed it appropriate to grant bail relief to the applicant.

Detailed headnote1 paragraphs

Bail granted — Applicant arrested on 21.10.2024 in connection with Crime No. 42/2010 dated 12.4.2010 (Paithan Police Station, District Aurangabad) for offences punishable under Sections 399, 402, 401 IPC and Section 25(1)(3) of the Arms Act — Co-accused already acquitted by the Trial Court — Role of the applicant held identical to that of the acquitted co-accused, a fact not disputed by the learned APP — Case pending against the applicant as he was absconding — Applicant undertook to cooperate in concluding the trial — Released on PR bond of Rs.20,000/- with one or two sureties in the like amount — Conditions imposed: no contact with the informant during trial, cooperation and attendance on every date unless exempted, no tampering with evidence or influencing of witnesses, and disclosure of contact number and residential address — Breach renders bail liable to cancellation; observations confined to disposal of the bail application.

BA 27/25

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2025:BHC-AUG:1757

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

963 BAIL APPLICATION NO. 27 OF 2025

DHARASING @ DARSINGH TRIMBAK BHOSALE VERSUS

THE STATE OF MAHARASHTRA

Advocate for Applicant : Mr. Lukhe Arjun Raosaheb APP for Respondents/State : Mr. R.W. Wani

CORAM : ARUN R. PEDNEKER, J. Dated : January 21, 2025

PER COURT :-

Heard the learned counsel for the applicant and the learned APP for the respondent-State.

The applicant is seeking bail as he was arrested in connection with Crime No. 42/2010 dated 12.4.2010 registered with Paithan Police Station, District Aurangabad for the offences punishable under sections 399, 402, 401 of I.P.C. and under section 25 (1)(3) of the Arms Act.

The learned counsel for the applicant points out that the co-accused in the crime have been acquitted by the Trial Court. The learned counsel submits that the role of the applicant is identical to that of the acquitted coaccused in the case. The learned APP submits that as the applicant was absconding as such the case is pending against the applicant.

The learned counsel for the applicant undertakes that the applicant would cooperate in concluding the trial.

The applicant is arrested on 21.10.2024. Considering that the role of the applicant is identical to that of the co-accused, who were acquitted and as this fact is not disputed by the learned APP, I deem it appropriate to

BA 27/25

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grant the relief in favour of the applicant.

In view of the above, the application is allowed in the following terms :

a] The applicant shall be released on bail in connection with Crime No. 42/2010 dated 12.4.2010 registered with Paithan Police Station, District Aurangabad for the offences punishable under sections 399,

402, 401 of I.P.C. and under section 25 (1)(3) of the Arms Act. , on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

b] The applicant, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial.

c] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court, for reasons to be recorded in writing.

d] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.

e] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change.

Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled.

It is also clarified that the observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.

The application stands disposed of.

( ARUN R. PEDNEKER, J. )

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