Rahul Hari Rathod vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

Rahul Hari Rathod vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Regular bail: applicant to be released in connection with Crime No. 90/2025 dated 27.3.2025 (Muktainagar Police Station, District Jalgaon) on furnishing a PR bond of Rs.20,000/- with one or two sureties in the like amount, subject to conditions — attendance at every trial date unless exempted in writing-reasoned exemption, no tampering with prosecution evidence and no influencing the informant/witnesses, and furnishing contact number and residential address with updates; bail liable to cancellation on violation of any condition.

Issue for consideration

Whether the applicant, arrested on 27.3.2025 in Crime No. 90/2025 (Muktainagar Police Station, District Jalgaon) for an offence punishable under section 310(4) of B.N.S., 2023, should be released on regular bail, having regard to the bail already granted to his co-accused, his prolonged custody, and the nature of the allegations against him.

Court's answer

Taking into account the applicant's continuous custody from 27.3.2025, the release of the other co-accused on regular and anticipatory bail, the likelihood that the trial would take time, and that the allegation is only that the applicant along with co-accused was preparing for commission of the offence with no antecedents against him, the court holds the allegations against the applicant to be prima facie far-fetched and deems it appropriate to grant him regular bail.

Key takeaways

The observations made in this order are limited to the disposal of the present bail application, and the concerned Court is to proceed in the matter without being influenced by them.obiter¶¶27

Detailed headnote1 paragraphs

Bail Application No. 822 of 2025 ALLOWED (Aurangabad Bench, Arun R. Pedneker, J., 09/06/2025): Applicant arrested 27.3.2025 in Crime No. 90/2025, Muktainagar Police Station, District Jalgaon, for offence punishable under section 310 (4) of B.N.S., 2023 (allegation of preparing, along with co-accused, for commission of the offence). Grounds for grant: custody since 27.3.2025; two co-accused already on regular bail and two on anticipatory bail; trial would take time; no antecedents; allegations held prima facie far fetched. Released on PR bond of Rs.20,000/- with one or two sureties in like amount, with conditions as to attendance, non-tampering/non-influencing, and disclosure of contact details/address; bail cancellable on breach; order's observations expressly confined to disposal of the bail application.

2025:BHC-AUG:14433

BA 822/25

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

42 BAIL APPLICATION NO. 822 OF 2025

RAHUL HARI RATHOD VERSUS

THE STATE OF MAHARASHTRA

Advocate for Applicant : Mr. Wani Girish V. APP for Respondent/State : Mrs. V.N. Patil-Jadhav

CORAM : ARUN R. PEDNEKER, J. DATE : 09/06/2025

P.C. :

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. 90/2025 dated 27.3.2025 registered with Muktainagar Police Station, District Jalgaon for the offences punishable under section 310 (4) of B.N.S., 2023.

The case against the applicant is that the applicant along with other co-accused were found in suspicious condition. Upon arrival of police, all the other co-accused in the crime ran away and the applicant was apprehended on the spot. The allegation against the applicant and others is that they intended to commit the decoity and they were preparing for commission of the offence.

The learned counsel for the applicant submits that two co-accused have been granted regular bail and other two co-accused have been granted anticipatory bail. The applicant is in custody for long period of time. The learned counsel therefore prays for releasing the applicant on regular

BA 822/25

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bail.

Considering that the applicant has been in custody for long period of time i.e. from 27.3.2025, and other co-accused have been released on regular bail and anticipatory bail and the trial would take time and the allegation against the applicant is that applicant along with other coaccused were preparing for commission of offence and there are no anticidents against the applicant, I hold that the allegations against the applicant are prima facie far fetched. Thus, I deem it appropriate to grant regular bail to 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. 90/2025 dated 27.3.2025 registered with Muktainagar Police Station, District Jalgaon for the offences punishable under section 310 (4) of B.N.S., 2023, 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 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.

c] 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.

d] 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.

BA 822/25

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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.]

SSC/