High Court
Facts
-1- BA.255.2025IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADBAIL APPLICATION NO. 255 OF 20251.Chandrakant @ Chandu Vishnu Jadhav, Age : 28 years, Occu. : Labour, R/o. Kaikadi Mohalla, Old Jalna, Tq. & Dist. Jalna.2.Suraj @ Vicky Yograj Mandole, Age : 24 years, Occu. : Student, R/o. Rupnagar, Ambad Choufuli, Jalna, Tq. & Dist. Jalna.… ApplicantsVersus1.The State of Maharashtra, Through Officer-in-charge, Police Station Chandanzira, JalnaDist. Jalna.2.The Superintendent of Police,Jalna, Dist. Jalna.… Respondents.……Mr. Sudarshan J. Salunke, Advocate for Applicants.Mr. P. K. Lakhotiya, APP for Respondents – State....… CORAM : ABHAY S. WAGHWASE, J.RESERVED ON : 3rd MARCH, 2025PRONOUNCED ON : 4th MARCH, 2025ORDER : 1.Applicants herein seek grant of bail on account of theirarrest in Crime No. 0492 of 2024 registered at Chandanzira PoliceStation, Dist. Jalna for offence punishable under sections 309(4),308(4), 140(2), 352, 3(5) of Bharatiya Nyaya Sanhita and undersection 3/25 of Arms Act. -2- BA.255.20252.Learned counsel submitted that, applicants are behindbars since November 2024. That, they are falsely implicated. That,informant and applicants are indulging in playing gambling gamein IPL match. That, there are allegation that informant was takenin a vehicle from his own house and on gun point amount wasdemanded. According to learned counsel, it is in fact not extortion,but some money due while playing above game. Learned counselsubmitted that, it is impossible to commit offence while informantis accompanied by his driver and helper. According to him, there issomething fishy. That, report is false and afterthought. That, thereare allegations of use of country-made revolver. The same isalready seized. That, no one has suffered any injury. Learnedcounsel himself submitted that, it is also his duty to point out thatthere are previous crimes registered against applicantChandrakant, but those crimes are decades old and moreover, inview of law laid down by Hon’ble Apex Court that mere criminalantecedents would not be sufficient to deny bail, he urges for bailon any condition imposed by this court including daily attendanceto police station till committal of the case and even thereafter toattend each and every date before the trial court. 3.Learned APP strongly opposed on the ground that, -3- BA.255.2025admittedly applicants are known criminals having bad antecedentsunder their belt for committing serious offences by use of articleslike country-made pistol. That, crimes are also registered againstapplicants for offence under section 307 of IPC. He furthersubmitted that, in this case there is no reason for false implication.That, there are allegations of threatening on gun point anddemanding Rs.2 crore. He further pointed out that, informant andwitnesses also speak that applicants allegedly said that even ifthey are arrested, they would be released in couple of months andthey would again see informant. Thus, according to learned APP,applicants with such attitude and temperament, do not deservegrant of bail, even if charge sheet is filed.4.Heard. Perused the papers. FIR is at the instance ofone Shlok Jagdish Agrawal and he has reported that he had been tohotel Kanak Palace on 12.11.2024, at around 5:00 p.m. to getparcel. He reported that, he called his helper Majit to come to thehotel to carry the parcel and as such both, his driver and helperreached there in 10 minutes. He further reported that, while hewas sitting in the hall of the hotel, Chandu Jadhav, Vicky Mandole(present applicant nos.1 and 2) and one unknown person, initiallywished him and sat near him. He has reported that, applicant no.2whisked out pistol and handed it to the present applicant no.1 and
Legal Reasoning
-4- BA.255.2025applicant no.2 said to informant that they have accepted contractof Rs.2 crores and asked informant, how much he can give whetherRs.1 crore or whether Rs.2 crore. When informant expressed hisinability to pay such amount and when requested to aks his father,it is alleged that, they both abused him and issued threat to kill. Hefurther reported that, in informant’s vehicle, they all sat and madehim to take the vehicle towards Bhokardan Naka and while goingthey snatched mobile of his driver and informant and wasthreatened to arrange money. Upon which, it is alleged thatapplicant no.1 said that if he informs the police, they would go injail for 2 to 3 months, but thereafter they would be released andthen they would finish him off. Informant claims that, he managedto jump from running vehicle and took shelter in a hospital andmanaged to call his father. On above report, crime is registered andapplicants are shown to be arrested on 13.11.2024.5.Learned APP also submitted that, prima facie, itappears that, applicants are dealing in gambling game on IPLmatch. That, money demanded seems to be proceeds of suchgambling game. That, investigation is now said to be over andcharge sheet is already filed. That, country-made revolverallegedly used is also said to be seized. Learned APP pointed to thecriminal antecedents, but as submitted they are of the year 2017- -5- BA.255.202518 and 2023-24. Though there are criminal antecedents, in theinstant case recovery is already effected and no other purpose isshown to be achieved by continuing their detention. Learnedcounsel for applicants had conceded to abide any conditionsincluding daily attendance to police station i.e pre-committal andeven on post committal stage. Such undertaking should take careof the apprehension expressed by learned APP about badantecedents and further misuse of liberty. When virtually chargesheet is said to be filed, there being no plausible explanationcoupled with the nature of allegation which are emerging out ofalleged gambling in IPL match, which is a peculiar feature herein,relief as prayed deserves to be granted. Hence, I proceed to passthe following order :-ORDER(i)The application is allowed.(ii)Applicants, namely (1) Chandrakant @ Chandu VishnuJadhav and (2) Suraj @ Vicky Yograj Mandole be released onbail in connection with Crime No. 0492 of 2024 registeredwith Chandanzira Police Station, Dist. Jalna on executing P.B.of Rs.15,000/- each with one surety each in the like amount.(iii)Applicants shall not tamper prosecution evidence.(iv)Applicants shall not enter the vicinity where theinformant and his family members reside, till conclusion oftrial. -6- BA.255.2025(v)Applicants shall not leave the area of jurisdiction of theconcerned police station till conclusion of trial.(vi)Applicants shall attend the concerned police stationdaily and maintain personal diary of their attendance tillcommittal of the case and thereafter, shall regularly attendeach and every effective date before the trial court. (ABHAY S. WAGHWASE, J.) Tandale