Pradip v. State of Maharashtra

3 24 BA 175.26informant by assaulting him. Under pressure and fear, theinformant was compelled to sell his kidney in CambodiaBased of the aforesaid allegations, FIR came to beregistered.4.The learned counsel appearing for the applicantsubmits that this Court has already granted bail to twopersons namely Laxman Pundalik Urkude in CriminalApplication (BA) No. 92/2026 and Sanjay Ballarpure inCriminal Application in (BA) No.51/2026. He submits thatthere are similar allegations against the present applicantalso. Therefore, he prays that the applicant is entitled forbail on the ground of parity. He submits that there are noallegations in respect of the transplant of the kidney of theinformant, therefore the applicant cannot be implicatedunder Sections 18 and 19 of the Transplantation of HumanOrgans and Tissues Act, 1994. He therefore submits thatnow the entire investigation is over. The documentaryevidence has been collected by the Investigating Officer,therefore nothing remains to be recovered from the presentapplicant, he be released on bail. 4 24 BA 175.265.On the other hand, the learned APP and thelearned counsel appearing for the informant vehementlyoppose the application and submit that the applicant hasgiven loan amount of Rs. 2,40,000/- to the informant andthe applicant has recovered amount of Rs. 13,00,000/-. Hefurther submits that not only that the landed property of1.5 acre has also been transferred in the name of thepresent applicant. They further submit that the presentapplicant is not a licensed money lender. Inquiry wasconducted by the District Deputy Registrar CooperativeSocieties which report reveal that the applicant is involvedin illegal money lending business, therefore submits that hemay not be granted bail.6.I have considered the rival submission. This Courthas already released two accused persons on bailconsidering the allegations in the charge-sheet, Theapplicant is also standing on the same footing. Theallegations are in respect of money lending. Admittedly,the role of the applicant is not in respect of the allegationsof Transplantion of Human Organs. It further appears thatthe informant has borrowed amount from several persons.However, there is nothing to show that the applicant has 5 24 BA 175.26instigated the informant or aided him to sell the kidney orhe is involved in kidney racket. In the absence of suchmaterial, the applicant would be entitled for bail. Hencethe following order:-ORDER(i)Criminal application is allowed and disposed of.(ii)The applicant/accused Pradip S/o RambhauBawankule be released on bail in connection with CrimeNo.654/2025 registered with Police Station Bramhapuri,Tal. Bramhapur, Dist. Chandrapur for the offencepunishable under Sections 120(B), 294, 326, 342, 387, 506of the Indian Penal Code read with Sections 39 and 44 ofthe Maharashtra Money Lending (Regulation) Act andSections 143(1)(a)(f), 143(2) of the Bhartiya NyayaSanhita read with Sections 18 and 19 of theTransplantation of Human Organs and Tissues Act, 1994 onhis furnishing P.R. Bond of Rs. 25,000/- with one surety inthe like amount.(iii)The accused shall not directly or indirectly makeany inducement, threat or promise to any personacquainted with the facts of the case, as also shall nottamper with the evidence.(iv)The accused shall provide his residential addressand cell number to concerned Police Station and shall notchange his place of residence without prior intimation tothe concerned Investigating Officer. 6 24 BA 175.26(v)The applicant/accused shall attend each and everydate of trial regularly. If he fails to attend the trial for twoconsecutive dates or fails to comply with the aforesaidconditions, his default would entails the State to ask forcancellation of bail. ( M. M. NERLIKAR , J.) Gohane