- 1 - aba854.26.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 34 ANTICIPATORY BAIL APPLICATION NO. 854 OF 2026 Shubham Ashok Sadewar ….Applicant VERSUS The State of Maharashtra & another …..Respondents Mr. R. G. Narwade, Advocate for Applicant Mr. S. G. Joshi, APP for the State. CORAM : R. M. JOSHI, J. DATE : 27th JULY, 2026. PER COURT : 1. Applicant seeks pre-arrest bail in connection with Crime No. 597/2024 registered with Akhada Balapur Police Station, Dist. Hingoli for the offences punishable under Sections 137(2), 140(2), 310(2), 109, 127(2), 115(2), 352, 351(2)(3), 61(2), 126(2) of Bharatiya Nyaya Sanhita and Section 3/25 of Arms Act. 2. In short First Information Report indicates that the father of the informant was abducted by unknown persons at about 9.00 pm. He was forcibly taken in a black colour Scorpio car. A phone call was received demanding extortion money of Rs. 1 Crore. On the basis of this report, offence came to be registered. - 2 - aba854.26.odt 3. Learned Counsel for the Applicant submits that now on conclusion of investigation, charge-sheet has been filed and in the said charge-sheet, there is no evidence against the present Applicant in order to show his involvement in the crime. He however, claims that Applicant has no criminal history behind him and since this is not a case of custodial interrogation against the Applicant, his liberty be protected. 4. Learned APP opposed grant of relief to the Applicant by referring to the statement of co-accused Nitin. He referred to the said statement made to the police indicating that this statement shows involvement of the Applicant in the crime. A specific query was made to the learned APP with regard to any evidence being collected during the course of investigation in order to support the said statement of the co-accused. Learned APP, on instructions from the Investigating Officer, who is present in the Court, states that there is no evidence to hold so. 5. Perusal of the charge-sheet does not show any evidence against the present Applicant in order to accept his complicity in the crime. Even if it is accepted for the sake of argument that the statement - 3 - aba854.26.odt made by the co-accused is relevant of the purpose of investigation, it does not become admissible evidence during trial. It was obligatory on the part of the Investigating Officer to collect evidence in order to substantiate/support the alleged statement of co-accused. It was very much possible for the Investigating Officer to collect evidence in this regard having regard to the nature of statement made by the co- accused. However, inspite of the fact that said statement came to be recorded on 11.10.2024, till date, there is no evidence to connect the Applicant with the crime. Applicant has no criminal history behind him. In the facts of the case, liberty of the Applicant deserves to be protected. Hence, the following order :- ORDER (i) In the event of arrest of applicant Shubham Ashok Sadewar, in connection with Crime No. 597/2024 registered with Akhada Balapur Police Station, Dist. Hingoli for the offences punishable under Sections 137(2), 140(2), 310(2), 109, 127(2), 115(2), 352, 351(2)(3), 61(2), 126(2) of Bharatiya Nyaya Sanhita and Section 3/25 of Arms Act, he be released on bail on furnishing PR Bond of Rs. 15,000/- (Rs. Fifteen Thousand only) with one surety in the like amount. - 4 - aba854.26.odt (ii) He shall attend the concerned police station as and when called. (iii) He shall not contact the witnesses directly or indirectly. (iv) He shall not interfere with the evidence in any manner whatsoever. (v) He is further directed to cooperate the investigating agency for further investigation. (vi) Learned APP to communicate this order to the concerned Investigating Officer. ( R. M. JOSHI, J.) dyb