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2026 DAILYLAW 10012 (BOM)

RUTIK ALIAS BANTY DEVANAND LONDHE v. THE STATE OF MAHARASHTRA AND ANR.

BA/597/2026 · 2026-09-21

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Judgment text

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51 - BA - 597 - 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 597 OF 2026 Rutik Alias Banty Devanand Londhe … Applicant Versus. The State of Maharashtra & Anr. … Respondents ------- Mr. Piyush Toshnival (through V.C.) with Nilabh Toshnival, Abhishek Jare and Aarya V. Ambulkar i/by Ashish Pawar for the Applicant. Mr. Anand S. Shalgaonkar, APP for the State. B. P. Sabale, Head Constable, Phaltan City Police Station, is present. ------- CORAM : ASHWIN D. BHOBE, J. DATED : SEPTEMBER 21, 2026 P.C.: 1. Heard, Mr. Piyush Toshnival, learned Advocate for the Applicant and Mr. Anand S. Shalgaonkar, learned APP for the State. 2. By the present Application, the Applicant seeks regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Crime No. 222 of 2021, dated 17th May 2021, registered with Phaltan City Police Station, District Satara, for offences punishable under Sections 392, 394 and 120(B) read with Section 34 of the Indian Penal Code, Section 3(25) of the Arms Act, and Sections VRJ 1 VAIBHAV RAMESH JADHAV Digitally signed by VAIBHAV RAMESH JADHAV Date: 2026.09.21 21:15:13 +0530 51 - BA - 597 - 2026.doc 3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organised Crime Act, 1999. 3. Mr. Piyush Toshnival, learned Advocate for the Applicant, states that there are five (5) accused in Crime No. 222 of 2021 and the Applicant is Accused No. 2. He states that Crime No. 222 of 2021 is registered as Special (MCOCA) Case No. 25 of 2024 and is pending before the Additional Sessions Judge, Phaltan (Trial Court). 4. Mr. Piyush Toshnival, learned Advocate for the Applicant, submits that the Applicant seeks bail on the ground of parity. He states that Accused No. 3 (Sanket Jadhav), against whom the allegations are similar and identical to those made against the Applicant, was released on bail by this Court on 6th May 2026 in Criminal Bail Application No. 343 of 2026 (pages 454 to 457). He further submits that Accused No. 5 (Dilip Khude) was released on bail by this Court on 3rd August 2026 in Criminal Bail Application No. 493 of 2026 and Accused No. 4 (Raju @ Raj Ram Boke) was released on bail by this Court on 3rd March 2025 in Criminal Bail Application No. 2673 of 2024. 5. Mr. Anand S. Shalgaonkar, learned APP for the State, submits that the allegations and the involvement of the Applicant (Accused No. 2) in Crime No. 222 of 2021 are similar to those made against Sanket Jadhav (Accused No. 3). He therefore submits that the Applicant's Application VRJ 2 51 - BA - 597 - 2026.doc can be considered on the ground of parity. 6. Perused the record with the assistance of the learned Advocates. 7. The complaint filed by the Complainant-Informant (Uttara Pawar) refers to the accused as unknown persons. The supplementary statement filed by the Complainant-Informant (Uttara Pawar) on 1st August 2021 refers to the Applicant. A perusal of the supplementary statement prima facie indicates that the allegations against the Applicant and Accused No. 3 are similar. On the said facts, Accused No. 3 (Sanket Jadhav) has been released on bail by this Court. 8. No material on record indicates any distinguishing circumstances warranting a different view in the case of the Applicant. Mr. Piyush Toshnival, learned Advocate for the Applicant, would therefore be justified in seeking bail on the ground of parity. 9. In view of the above, this Application is allowed on the following terms: (i) The Applicant in Crime No. 222 of 2021 dated 17th May 2021 registered with Phaltan City Police Station, District Satara, shall be released on bail upon furnishing a P.R. bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one or two sureties in the like amount, to the satisfaction of the Additional Sessions Judge, Phaltan in Special (MCOCA) Case No. 25 of 2024. VRJ 3 51 - BA - 597 - 2026.doc (ii) The Applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case to dissuade that person from disclosing the facts to the Court or any police officer. Applicant shall not tamper with evidence in any manner. (iii) The Applicant shall within three (3) days of his release, provide the Investigating Officer at Phaltan City Police Station, District Satara, with his residential address and proof thereof, his contact number and must inform the Investigating Officer of any changes to this information from time to time. (iv) The Applicant shall regularly appear before the Trial Court in Special (MCOCA) Case No. 25 of 2024, unless exempted from appearing. If the Applicant absents himself from appearing before the Trial Court on the date fixed, the same would be considered a breach of condition and the Trial Court would be at liberty to pass appropriate orders. 10. Bail Application No.597 of 2026 is allowed and disposed of. (ASHWIN D. BHOBE, J.) VRJ 4