-1- 940-BA-1328-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 1328 OF 2026 DHANRAJ DHARAMSING BARDE VERSUS THE STATE OF MAHARASHTRA ...... Advocate for Applicant : Mr. Sushil Pushpendra Pandit a/w Mr. Umesh Gangadhar Mitkari APP for Respondent - State : Mr. K. K. Naik ..... CORAM : HITEN S. VENEGAVKAR, J. DATED : 20th AUGUST 2026 PER COURT : 1. Heard learned Advocate for the applicant as well as learned Assistant Public Prosecutor for respondent – State. 2. Perused investigation papers. 3. Present application is filed for regular bail in connection with FIR bearing Crime No.193 of 2026, registered on 22nd May, 2026 with Mhasawad Police Station, Tq. Shahada, Dist. Nandurbar, for offences punishable under Sections, 65(a),(e), 81 and 108 of Maharashtra Prohibition Act, 1949 and Section 3(5) of Bharatiya Nyaya Sanhita, 2023. 4. The prosecution case, in brief, is that upon receipt of 2026:BHC-AUG:38134 -2- 940-BA-1328-2026 secret information, a pickup van bearing registration No. MH-15- HH-8276 was intercepted on the Mhasawad–Toranmal Road on 21st May, 2026. The driver and the person accompanying him abandoned the vehicle and escaped in the darkness. The pickup van was carrying illegal liquor worth Rs.19,20,000/-. Upon search along with the illegal liquor, a mobile phone was found. As it is alleged that the present applicant was driving the vehicle and that he has absconded from the scene of the offence, the illegal liquor, mobile phone and the pickup van were seized by the police. In continuation of the said investigation, additional illegal liquor worth Rs.29,64,480/- was seized from the house of the co-accused, who is absconding. The prosecution against the present applicant is only on the ground that the present applicant was driving the pickup van. 5. The learned Advocate appearing for the applicant submitted that the FIR described the driver and cleaner as unknown and that nobody had identified the applicant as the driver. The vehicle belongs to a third person, but neither the statement of the registered owner nor any documentary material showing that the vehicle was entrusted to the present applicant or was being driven by the present applicant forms part of the investigation papers. The applicant disputes that the mobile phone -3- 940-BA-1328-2026 recovered from the deserted vehicle belongs to present applicant. However, he admits that the mobile phone with the SIM card is in the name of the present applicant's father. However, the forensic report pertaining to the analysis of the said mobile is still awaited. It is further argued that the only statement attributing the act of driving to the applicant is his own statement recorded by the police, which is not a substantive piece of evidence against him and, in any event, the said statement is not admissible in law. There is no recovery at the instance of the present applicant and, furthermore, he has no criminal antecedents. 6. The learned APP opposed the application on the ground that a substantial quantity of illicit liquor was recovered from the van which was driven by the present applicant. He also emphasized the conduct of the present applicant in absconding from the scene of the offence the moment the vehicle was accosted. He also relied upon the recovery of the mobile phone, which was found in the deserted vehicle and furthermore sought to connect the present applicant with the alleged offence on the basis of the statement given to the police by the present applicant. He further argued that the other co-accused are absconding and therefore, allowing the bail application of the present applicant and releasing him on bail would derail the entire investigation. -4- 940-BA-1328-2026 7. I have perused the entire charge-sheet with the assistance of the learned APP. Prima facie, the FIR does not identify the applicant and records that both the occupants of the vehicle escaped in the darkness. There is no statement of any witness to show that the applicant has been identified as the person who was driving the said vehicle. Though the vehicle belongs to a third person, the entire charge-sheet and the investigation are completely silent about the owner of the vehicle, there is no statement of the owner recorded and therefore there is no independent material to connect the present applicant with the allegation that he was driving the said vehicle. The applicant disputes ownership of the mobile phone which was found in the abandoned vehicle and the forensic report is also awaited. Recovery of the said mobile phone by itself, at this stage, is insufficient to warrant material against the present applicant. Furthermore, there is no recovery of any illegal liquor from the person of the present applicant or at his instance. 8. Taking into consideration the aforesaid material, the fact that the investigation is complete and the charge-sheet has already been filed, and the offences that has been alleged against the present applicant are punishable with a maximum sentence of -5- 940-BA-1328-2026 five years and are triable by the Judicial Magistrate First Class, the applicant deserves to be released on bail. The applicant admittedly has no criminal antecedents and has been in custody since 6th June, 2026. The fact that the other accused persons are absconding cannot, by itself, justify his continued detention. His presence and the interests of the trial can be secured by imposing appropriate conditions. The applicant, therefore, deserves to be released on bail. Hence, following order : ORDER (i) The Bail Application is allowed. (ii) The applicant shall be released on bail in Crime No.193 of 2026 registered with Mhasawad Police Station, Tq. Shahada, Dist. Nandurbar, for offences punishable under Sections, 65(a),(e), 81 and 108 of Maharashtra Prohibition Act, 1949 and Section 3(5) of Bharatiya Nyaya Sanhita, 2023, on furnishing a personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount, subject to the following conditions : a) The applicant shall attend the concerned police station twice in a month i.e. on every first Monday and last Monday till committal of case and thereafter, shall attend the Trial Court on every date fixed, unless their attendance is specifically exempted. b) The applicant shall not, directly or indirectly, contact, -6- 940-BA-1328-2026 threaten, induce or influence the informant or any prosecution witness and shall not tamper with the prosecution evidence. c) The applicant shall furnish his current residential addresse and mobile numbers to the Investigating Officer and the trial Court within seven days of release, intimate any change forthwith, and attend the Investigating Officer upon prior written notice if further investigation is required. d) The applicant shall not leave India without prior permission of the trial Court and, if he possess passport, shall deposit the same with the trial Court within seven days of their release. e) The applicant shall not involve himself in any offence of a similar nature while on bail. f) Breach of any of the above conditions shall entitle the prosecution to apply for cancellation of bail. g) All observations in this order are prima facie and confined to the decision of this bail application. The trial Court shall decide the case independently on the evidence led before it. (iii) The Bail Application is disposed of in the above terms. (HITEN S. VENEGAVKAR) JUDGE Tandale