Bombay High Court (Ashwin D. Bhobe, J.) allowed a regular bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by Yogesh @ Sam Jagadish Sonawane, Accused No. 2 in Crime No. 401 of 2023 (Khadki Police Station, District-Pune), registered for offences under Section 392 read with 34 of the IPC and Sections 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organized Crimes Act, 1999, pending as Special Case No. 522 of 2024 before the Special Judge under MCOC Act, Pune. The prosecution case concerned snatching of a gold mangalsutra worth Rs. 45,000/- from the Complainant by two unknown persons. Perusal of the charge-sheet disclosed no direct evidence of the Applicant's involvement; the FIR was lodged against unknown persons; no Test Identification Parade was conducted; investigation was complete with recoveries made and charge-sheet filed; and Accused No. 1 (Rahul Macchindra Kamble), identically and similarly placed, had been released on bail by the Additional Sessions Judge, Pune on 26th August 2024, the Trial Court having observed that the trial was not likely to commence and conclude in the near future. Although the prosecution highlighted the Applicant's 8 criminal antecedents (3 convictions, 3 acquittals, 2 pending) and alleged expertise in similar crimes, the Court held that considering the nature of allegations, the material on record and the release of a similarly placed accused, the Applicant - in custody since arrest on 8th November 2023 and whose earlier bail application had been rejected on 26th July 2024 - was entitled to bail on executing a P.R. Bond of Rs. 25,000/- with one or two local sureties, subject to conditions: no inducement/threat/promise to witnesses, no tampering with prosecution evidence, furnishing of cell phone number and residential address within three days of release, co-operation and regular attendance at trial, reporting to the Investigating Officer, Khadki Police Station on the first Saturday of every month from 11.00 a.m. to 1.00 p.m. till framing of charge, and abstention from similar criminal activities.
