31.ba.157.25.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (BA) NO.157 OF 2025 (Suchit Manohar Derkar Vs. State of Maharashtra) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. A.A. Dhawas, Advocate for the applicant. Mr. V.A. Thakare, APP for the State. CORAM:- URMILA JOSHI-PHALKE, J. DATED :- FEBRUARY 27, 2025. Heard. 2. By this application, the applicant is seeking bail as he came to be arrested on 23/07/2024 in connection with Crime No.682/2024 registered with police station Ballarpur, District Chandrapur for the offence punishable under Sections 109, 118, 326(g) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 3(a) of the Explosive Substances Act, 1908. 3. The crime is registered on basis of report lodged by Abhishek Brijgopal Malu on an allegation that he is running a cloth shop which is situated at Gandhi Chowk, Ballarpur, District Chandrapur. Initially, he lodged the FIR against the son of co-accused Santosh Ramsharan Gupta as a son of the co-accused set his shop on fire. During the pendency of the investigation, again the present applicant along with other co-accused conspired, and in pursuance of that conspiracy, one person entered 2025:BHC-NAG:2081 31.ba.157.25.odt 2 into the shop of the informant and attacked on the Kartik who was present in the shop and subsequently set the said shop on fire. On the basis of the said report, police have registered the crime. 4. Learned Counsel for the applicant submitted that except the statement of the co-accused there is no other material to connect the present applicant with the alleged offence. Though it is alleged that present applicant has aided by providing the raw material to prepare the said petrol bomb but it is not substantiated by any material. He submitted that, now the investigation is completed and charge-sheet is filed, further incarceration of the present applicant is not required. 5. Learned APP strongly opposed the application and submitted that the involvement of the present applicant in such type of the offences is repeated, and therefore, if he is released on bail, there is every possibility of his involvement in similar type of the offence. Hence, the application deserves to be rejected. 6. I have heard learned Counsel for both the parties. Perused the investigation papers from which the involvement of the present applicant revealed; however, considering now investigation is completed and charge-sheet is filed and considering the nature of the 31.ba.157.25.odt 3 offence, further incarceration of the present applicant is not required. However, considering his involvement in a repeated offence, some conditions requires to be imposed. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass the following order: (i) The application is allowed. (ii) The applicant – Suchit Manohar Derkar in connection with Crime No.682/2024 registered with police station Ballarpur, District Chandrapur for the offence punishable under Sections 109, 118, 326(g) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 3(a) of the Explosive Substances Act, 1908, be released on bail on executing P.R. bond of Rs.25,000/- with one solvent surety in the like amount. (iii) The applicant shall not enter into the vicinity of Ballarpur/Ballarshah, District Chandrapur till culmination of the trial. (iv) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case in any manner either personally or by way of electronic media. 31.ba.157.25.odt 4 (v) The applicant shall attend the proceeding before the trial Court without seeking any exemption unless there are exceptional circumstances. (vi) The applicant shall not leave the jurisdiction of the Chandrapur district without prior permission of the Court. 7. The contravention of any of the condition imposed by this Court, would lead to the cancellation of bail. 8. The application is disposed of. (URMILA JOSHI-PHALKE, J.) *Divya