-1- BA.474.2025 & BA.317.2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 474 OF 2025 Rajpalsingh S/o. Ajaysingh Bhada, Age : 24 years, Occu. : Labour, R/o. Sindhkhed Raja, Tq. Sindhkhed Raja, Dist. Buldhana. … Applicant Versus The State of Maharashtra, Through Kandhar Police Station, Dist. Nanded. … Respondent …… Mr. Nilesh S. Ghanekar, Advocate for Applicant. Mr. P. K. Lakhotiya, APP for Respondent – State. ...… WITH BAIL APPLICATION NO. 317 OF 2025 Jaysing Sherasing Bawari, Age : 20 years, Occu. : Labour, R/o. Danteshwar, Santoshwadi, Vadodara, Gujarat. … Applicant Versus State of Maharashtra Through Kandhar Police Station, Dist. Nanded. … Respondent …… Mr. Mohit Rajendra Malpani, Advocate for Applicant. Mr. P. K. Lakhotiya, APP for Respondent – State. ...… CORAM : ABHAY S. WAGHWASE, J. DATED : 27 MARCH, 2025 ORDER : 1. Both applicants seek enlargement on bail on account of 2025:BHC-AUG:9101 -2- BA.474.2025 & BA.317.2025 their arrest in Crime No. 0186 of 2024 registered at Kandhar Police Station, District Nanded for offence punishable under sections 395, 398, 120-B of the Indian Penal Code. 2. Learned counsel for applicant of Bail Application No.474 of 2025 i.e. applicant Rajpalsingh, submitted that, applicant is arrested on suspicion. That, FIR was against unknown persons. It is alleged that, on the night of 14.06.2024, informant and his family members went to sleep, thieves entered their house, forcibly questioned informant to show the valuables and handover the keys of the cupboard. That, 5 to 6 thieves took away cash and gold and silver ornaments worth of Rs.41,00,000/- by holding knife. That, applicants are behind bars since 30.08.2024 i.e. since almost more than 6 to 7 months. He pointed out that, there is no recovery at the instance of present applicant. That, now, investigation is over and charge sheet is already filed. However, there are no immediate prospects of matter going for trial. He is ready to abide all and any conditions imposed by this Court. 3. Learned counsel for applicant of Bail Application No. 317 of 2015 also pointed out that, FIR is against unknown thieves. However, recovery is shown at his instance. Now, investigation is also over. That, he is also behind bars since long and as much more time would be required for framing of charge and commencement -3- BA.474.2025 & BA.317.2025 of trial, he also seeks regular bail. 4. Learned APP has opposed on the ground that, other accused who are associates of applicants is at large and moreover applicant Jaysing is from other State and there is recovery from him, however, he expresses apprehension of misuse of the liberty. 5. Heard. Perused the FIR dated 15.06.2024 at the instance of one Gajanan Shrihari Yerawar and substance of the FIR is that, on the night of 14.06.2024 thieves entered his house, on knife point he and his wife were threatened to handover keys of the cupboard and their golds, silver and cash worth Rs.41,00,000/- were forcibly taken. He has reported that, the above act was by 5 to 6 thieves, who had covered their faces. 6. On above report dated 15.06.2024 applicant Rajpalsingh is arrested on 30.08.2024 i.e. after two months. Applicant Jaysing is shown to be arrested on 25.06.2024 i.e. after ten days of the occurrence. 7. It is emerging that, in crime dated 15.06.2024, arrest is in August 2024. Apparently, in the FIR itself it is stated that, thieves have covered their faces. There is no test identification parade conducted. Now, investigation is over and charge sheet is -4- BA.474.2025 & BA.317.2025 already shown to be filed in September 2024 itself. Future course of trial is said to be uncertain. Therefore, in the light of above discussion and when no purpose is shown to be achieved by further detention, bail can be granted by imposing stringent conditions as prayed. Hence, the following order is passed : ORDER I. Both applications are allowed. II. Applicants, namely (i) Rajpalsingh S/o. Ajaysingh Bhada and (ii) Jaysing Sherasing Bawari be released on bail in connection with Crime No. 0186 of 2024 registered with Kandhar Police Station, District Nanded, on executing Personal Bond of Rs. 15,000/- each with one surety each in the like amount, on the following conditions: [a] The applicants shall not tamper prosecution evidence. [b] The applicants shall not leave the area of jurisdiction of the concerned police station till conclusion of trial. [c] The applicants shall attend the concerned police station thrice in every week i.e. on every Saturday, Tuesday and Thursday and maintain personal diary of their attendance till framing of charge and thereafter, shall regularly attend each and every effective date before the trial court. (ABHAY S. WAGHWASE, J.) M. R. Tandale