Ayush @ Buntya Nagesh Landge vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

Ayush @ Buntya Nagesh Landge vs State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant directed to be released on bail in connection with Crime No. 751 of 2023 (Chatushrungi Police Station, Pune City, District Pune) on executing a P.R. Bond of Rs. 25,000/- with one or two sureties in the like amount, subject to conditions: (a) not to enter the corporation limits of Pune City except to attend dates before the Trial Court till conclusion of trial; (b) to attend the concerned Police Station of his residence once a month on the first Saturday between 11:00 a.m. to 1:00 p.m. till conclusion of trial; (c) to submit residential address and contact number, if any, to the Chatushrungi Police Station; (d) not to commit any other crime.

Issue for consideration

Whether the applicant, arrested for offences including attempt to murder (S.307 IPC) and under the Maharashtra Control of Organized Crimes Act as an alleged member of an organized crime syndicate, should be released on regular bail.

Court's answer

On perusal of the statement of the injured witness, no specific overt-act was attributed to the present applicant.

Ratio / Principle

The Court took into account that the applicant is aged about 19 years and has been in jail for one year.

Key takeaways

In absence of involvement of the applicant in any other crime either with the gang leader or members of the alleged gang, the Court was inclined to release the applicant on bail.ratio¶24
The bail application is allowed.ratio¶26

Detailed headnote1 paragraphs

Bombay High Court (Criminal Appellate Jurisdiction), N. R. Borkar, J. — Regular bail granted to Ayush @ Buntya Nagesh Landge, arraigned in Crime No. 751 of 2023 (Chatushrungi Police Station, Pune City) for offences under Sections 307, 323, 141, 143, 144, 147, 148, 149 of the Indian Penal Code, Section 37(1)(3) read with Section 135 of the Maharashtra Police Act, Section 4(25) of the Arms Act and Sections 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crimes Act, as an alleged member of an organized crime syndicate formed by co-accused Sagar Chandane; prosecution alleged that on 22.10.2023 the applicant and co-accused assaulted the complainant with sharp weapons and attempted to commit his murder due to previous enmity. Perusing the statement of the injured witness, the Court found that no specific overt-act was attributed to the applicant; noting that the applicant is aged about 19 years, has been in jail for one year, and that there is absence of involvement of the applicant in any other crime either with the gang leader or members of the alleged gang, the application was allowed on a P.R. Bond of Rs. 25,000/- with one or two sureties, with conditions barring entry into Pune City corporation limits (except Trial Court dates), monthly reporting at the concerned police station on the first Saturday between 11:00 a.m. and 1:00 p.m., furnishing of residential address and contact number to Chatushrungi Police Station, and abstention from committing any other crime.

909-BA-3522-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 3522 OF 2024

Ayush @ Buntya Nagesh Landge Versus

The State of Maharashtra

...Applicant

...Respondent

Mrs. Shubhangi Parulekar, Advocate for the Applicant. Ms. G. P. Mulekar, A.P.P. for the Respondent – State.

P.C.:

This is an application for regular bail.

The applicant came to be arrested in Crime No.751 of

2023 registered at Chatushrungi Police Station, Pune City, District : Pune for the offences punishable under Sections 307, 323, 141, 143, 144, 147, 148, 149 of the Indian Penal Code, Section 37(1) (3) read with Section 135 of the Maharashtra Police Act, Section 4(25) of the Arms Act and Sections 3(1) (ii), 3(2), 3(4) of the Maharashtra Control of Organized Crimes Act.

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909-BA-3522-2024.doc

According to the prosecution, the present applicant is a member of organized crime syndicate formed by co-accused Sagar Chandane. It is alleged that on the date of incident which took place on 22.10.2023, the present applicant and other co-accused assaulted the complainant by sharp weapons and attempted to commit his murder, due to previous enmity.

I have heard the learned counsel for the applicant and learned A.P.P. for the Respondent-State.

The learned counsel for the applicant submits that the alleged eye-witnesses have not attributed any specific overt-act to the present applicant. It is submitted that though the present applicant is having one criminal antecedent for the offence punishable under Section 395 of the IPC, however, not with the alleged gang leader Sagar Chandane or with any of the members of said gang. It is submitted that the applicant is in jail for one year and trial has not commenced. It is submitted that the applicant may, therefore, be released on bail.

On the other hand, the learned A.P.P. for the Respondent-State submits that the applicant a member of

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organized crime syndicate. It is submitted that considering the nature of offence, the applicant may not be released on bail.

I have perused the statement of the injured. He has not attributed any specific overt-act to the present applicant. The applicant is aged about 19 years and is in jail for one year. In absence of involvement of the applicant in any of crime either with the gang leader or members of the alleged gang, I am inclined to release the applicant on bail. In the result, the following order is passed.

ORDER

(i) The Application is allowed;

(ii) The applicant is directed to be released on bail in connection with Crime No.751 of 2023 registered at Chatushrungi Police Station, Pune City, District : Pune for the offences punishable under Sections 307, 323, 141, 143, 144, 147, 148, 149 of the Indian Penal Code, Section 37(1) (3) read with Section 135 of the Maharashtra Police Act, Section 4(25) of the Arms Act and Sections 3(1)(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crimes Act on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;

(iii) The applicant shall not enter into the

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corporation limits of Pune City, except to attend the dates before the Trial Court till conclusion of trial ;

(iv) The applicant shall attend the concerned Police Station in whose jurisdiction he is going to reside after his release once in a month i.e. on first Saturday between 11:00 a.m. to 1:00 p.m. till conclusion of trial;

(v) The applicant shall submit his residential address and contact number, if any to the Chatushrungi Police Station.

(vi) The applicant shall not commit any other crime.

(vii) The Application stands disposed of accordingly.

(N. R. BORKAR, J.)

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