✦ High Court of India

SUNIL BASAPPADAS REDDY v. THE STATE OF MAHARASHTRA

Case Details

2025:BHC-AUG:24027 1 of 6 1031-BA.1271.2025 & 989-BA.1449.2025-detail.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 1031 BAIL APPLICATION NO. 1271 OF 2025 SUNIL BASAPPADAS REDDY VERSUS THE STATE OF MAHARASHTRA ... Mr. Avinash Patil h/f. Mr. Abhaysinh K. Bhosle, Advocate for applicant. Mr. D. J. Patil, APP for Respondent-State. ... WITH BAIL APPLICATION NO. 1375 OF 2025 MANJUNATH SATYAPPA PUJARI VERSUS THE STATE OF MAHARASHTRA … Mr. Aniket V. Deshmukh, Advocate for applicant. Mr. D. J. Patil, APP for Respondent-State. ... AND 989 BAIL APPLICATION NO. 1449 OF 2025 BALANGAVDA LAXMAN ALIAS BAPUGAVDA PATIL @ BALANAGAVDA VERSUS THE STATE OF MAHARASHTRA ...

Legal Reasoning

Mr. Aniket V. Deshmukh, Advocate for applicant. Mr. D. J. Patil, APP for Respondent-State. … CORAM : SANJAY A. DESHMUKH, J. DATE : 26th AUGUST, 2025 P.C.:- . 2. Heard learned Advocates for the respective parties. Learned Advocate for the applicants seeks leave to amend the name of the applicant in Bail Application No.1449 of 2025. Leave granted. 2 of 6 1031-BA.1271.2025 & 989-BA.1449.2025-detail.odt Amendment to be carried out forthwith. These are the applications for granting regular bail in 3. 4. connection with crime No.0306 of 2024 dated 19th December 2024, registered with Faizpur Police Station, District Jalgaon, for the offences punishable under Sections 140(3), 103, 238, 127(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 5. Learned Advocate for the applicants pointed out the report. As per the report, the Informant has stated that on 1st December 2024, a Hasina Tadvi came to his house and inquired about labourers for cutting sugarcane crop. The Informant and his brother Nadar Gulzar Tadvi informed her that they had a group of 16 labourers available for work. Hasina then asked them to come to Faizpur. Accordingly, the Informant, along with his brother and 14 other labourers, went to Faizpur bus stand by auto-rickshaw. After reaching there, they informed Hasina Tadvi over phone. Shortly thereafter, Hasina Tadvi, Jumma Tadvi and Habib (all residents of village Nhavi, Taluka Yawal, District Jalgaon) along with the present applicants Sunil Reddy and Balu Patil came to the bus stand. From there, the group proceeded by two pickup vehicles belonging to Habib and Ayub Police of Moharala, Taluka Yawal, along with other persons who had come from Karnataka, travelling in cars. On the way, they halted at a Dhaba near a petrol pump in front of Bamanod village via Karkhana Amoda and had lunch 3 of 6 1031-BA.1271.2025 & 989-BA.1449.2025-detail.odt there. After that, applicant Sunil Reddy paid an amount of Rs.80,000/- to Hasina Tadvi, who then handed it over to the Informant. The Informant distributed this amount among the 16 labourers. After receiving money, the labourers started to disperse and run away. Around 10:30 p.m., in the darkness, applicant Sunil Reddy and Balu Patil allegedly caught hold the Informant’s brother Nadar and forcefully dragged him into a car. The Informant witnessed this incident from some distance. Thereafter, he returned to his village Aboda Budruk. 6. It is further averred in the report that on the next day, i.e., 2nd December 2024 at about 9:00 a.m., the Informant called Sunil Reddy and Balu Patil to inquire about his brother Nadar. They allegedly told him that unless he paid Rs.80,000/-, they will not release Nadar. They also said that the Informant must complete the work of cutting of sugarcane crop, as per agreement after which his brother-Nadar would be handed over. After one or two days, the Informant again contacted Sunil Reddy regarding his brother. At that time, he was told that Nadar had gone to attend nature’s call and escaped. When the Informant insisted on his brother’s return, he was told to “go to Hasina Tadvi.” The Informant then approached Hasina Tadvi and attempted to collect the amount for repayment. 7. Informant further averred that on 19th December 2024, the Karnataka police informed the Raigad police and called the Informant. 4 of 6 1031-BA.1271.2025 & 989-BA.1449.2025-detail.odt At that time, the Informant was told that his brother Nadar had committed suicide in the house of applicant Balu Patil. When the Informant visited the said house, nobody was found there and the dead body of Nadar was also not there. It was not found. Thereafter, a report came to be lodged on 19th December 2024 against the applicants under Section 140(3) of the BNS. 8. Learned Advocate for the applicants submits that the applicants have been falsely implicated in the present crime. He pointed out that the dead body of Nadar has not been recovered, the investigation is already completed and charge-sheet has been filed, and therefore further custodial interrogation of the applicants is not required. It is further submitted that trial will take a considerable time to conclude and that the applicants have no criminal antecedents. Hence, he prays that the applicants may be released on bail. 9. Learned APP for the Respondent-State strongly opposed the application and submitted that the applicants are involved in a serious crime of the murder of Nadar. There is strong evidence of “last seen together” against the applicants. It is further submitted that if the applicants are released on bail, they are likely to pressurize the prosecution witnesses. Further the applicants are residing in other cities and it would also be difficult to secure their presence at the time of trial. Hence, the Learned APP prayed for rejection of the application. 5 of 6 1031-BA.1271.2025 & 989-BA.1449.2025-detail.odt 10. Perused the applications and the charge-sheet. Apart from the merits of the case, it is seen that the applicants have no criminal antecedents and have roots in the society. The investigation is already completed and the charge-sheet has been filed. Therefore, further custody of the applicants is not required. The applicants are not likely to abscond, and their presence at the time of trial can be secured by imposing some conditions. Considering all these aspects, the applications deserve to be allowed. Hence, the following order is passed:

Decision

O R D E R (i). Applications are allowed. (ii). The applicants in connection with crime No.0306 of 2024 dated 19th December 2024, registered with Faizpur Police Station, District Jalgaon for the offences punishable under Sections 140(3), 103, 238, 127(2), 3(5) of BNS, be released on bail on furnishing personal bond of Rs.50,000/- each with one surety of the like amount each on following conditions:- (a). The applicants shall not tamper with the prosecution evidence and shall not pressurize the witnesses, in any manner. (b). The applicants shall submit cash surety of 6 of 6 1031-BA.1271.2025 & 989-BA.1449.2025-detail.odt Rs.50,000/-, each in the Additional Sessions Court at Bhusawal, which will be refunded to them after the conclusion of the trial by the Trial Court without reference to this Court. (SANJAY A. DESHMUKH, J.) Tauseef

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