Bombay High Court
Rahul S/O Ganesh Patil vs State Of Maharashtra Thr Pso., Ps Aroli, ... on 13 March, 2026
2026:BHC-NAG:4236
1 21-Cr.BA-211-2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION [B.A.] NO. 211 OF 2026
Rahul s/o Ganesh Patil
-- VERSUS --
State of Maharashtra
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr. R.M. Daga, Advocate a/w. Ms. F.N. Haidari, Advocate for
the Applicant.
Mr. A.R. Chutke, A.P.P. for the Non-applicant/State.
CORAM : M.M. NERLIKAR, J.
DATE : MARCH 13, 2026.
Heard.
2. The present application is filed seeking
regular bail in Crime No.311/2025 for the offence
punishable under Sections 309(4), 309(6), 118(1),
324(2), 3(5) and 61(2)(A) of the Bharatiya Nyaya
Sanhita, 2023, (BNS), registered with Police Station
Aroli, District Nagpur.
3. As per the First Information Report, the
complainant is engaged in the business of groceries
under the name Bharat Kirana Stores at Bhandara
and supplies grocery items to shopkeepers in nearby
villages by using an Ashok Leyland goods vehicle
bearing registration No. MH-36-AA-2325, which is
driven by Rahul Ganesh Patil. It is stated that on
10/10/2025 at about 2:00 p.m., the informant along
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with the driver left Bhandara to deliver grocery goods
and collect payments from various shopkeepers in
nearby villages. After completing deliveries and
collections at different places, the complainant
reached Dharmapuri at about 6:45 p.m. and kept the
collected cash of approximately Rs.2,40,000/- along
with the diary containing entries of the amounts in a
cloth bag. The F.I.R. further states that at about 7:00
p.m., while returning towards Bhandara, the vehicle
stopped on the Aroli-Bhandara road near
Dharmapuri. At that time, three unknown persons
allegedly arrived on a white coloured moped, broke
the conductor-side window of the vehicle with an
iron rod and forcibly took away the cloth bag
containing the cash. It is further stated that when the
informant and his driver attempted to resist, they
were assaulted with iron rods and the said persons
fled from the spot with the cash. Based on this
information, F.I.R. came to be lodged.
4. The learned counsel appearing for the
applicant submits that the present applicant is the
driver, who was driving the vehicle of the informant.
The informant is doing business of groceries and after
distributing the grocery items in the market, has
collected the amount and while returning back along
with the applicant at one place from Dharmapuri to
Bhandara near Aroli village, the vehicle broke down,
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at that time, 3 unknown persons came on bike and
looted amount of Rs.2,40,000/- from the informant.
The learned counsel submits that they have assaulted
not only the informant, but also the applicant. He has
invited my attention to the injury certificate. He
further submits that during investigating a forced
confession of the applicant was recorded, wherein he
has disclosed that he is involved in the crime and has
given a tip, and accordingly, he submits that, except
this, there is nothing on record against the present
applicant and, therefore, he be released on bail.
5. On the other hand, the learned A.P.P.
submits that the applicant is the main culprit, who
has given tip to the 2 unknown persons. However, he
fairly submits that the call detail reports are not part
and parcel of the charge-sheet, as those CDR reports
are yet to be received. He further submits that the
vehicle did not break down which could be gathered
from the certificate issued by the private surveyor. He
further submits that though the applicant received
one simple injury, that by itself, is not sufficient to say
that the applicant is not involved in the present
crime. During the investigating, he has voluntarily
given the statement stating that he has given tip to
the other accused persons and, therefore, according
to the learned A.P.P., as the punishment provided is up
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to 14 years, as the offence is committed after sunset,
the applicant does not deserve to be granted bail.
6. I have heard the learned counsel for the
applicant and the learned A.P.P.. Admittedly, the
robbery is after sunset. It further appears that almost
Rs.2,40,000/- were robbed from the informant by
three unknown persons. It further appears that the
applicant under the pretext that the vehicle has
broken down, stopped the vehicle, however, the
learned A.P.P. has argued from the certificate which
was issued by the private surveyor that the same was
false. No explanation why certificate of fitness of
vehicle was not obtained from RTO. Further, it
appears from the record, that the applicant has also
sustained injury in the said incident. Apart from the
statement of the applicant, and the report of private
surveyor, there is nothing on record to show the link
between the main culprit and the present applicant.
No CDR reports are placed on record to connect the
main culprits with the present applicant. It is further
to be noted that the entire amount was recovered
from the other accused persons and not from the
present applicant. Even two iron rods were recovered
from the other co-accused. It is further to be noted
that this is the first offence registered against the
applicant and there are no antecedents against the
applicant. Considering this fact, and the fact that the
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applicant is behind bars since 12/10/2025, I am
inclined to grant bail to the present applicant on
imposing stringent conditions. Hence, the following
order:-
ORDER
(i) The Criminal Application is allowed;
(ii) The applicant/accused (Rahul s/o Ganesh Patil) be released on regular bail in connection with Crime No.311/2025 for the offence punishable under Sections 309(4), 309(6), 118(1), 324(2), 3(5) and 61(2)(A) of the Bharatiya Nyaya Sanhita, 2023, (BNS), registered with Police Station Aroli, District Nagpur, on his furnishing a P.R. bond of Rs.25,000/- (Twenty Five Thousand Rupees) with one solvent surety in the like amount;
(iii) The accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence;
(iv) The accused shall provide his residential address and cell number to the concerned Police Station and shall not change his place of residence without prior intimation to the Investigating Agency;
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(v) The accused shall attend each and every date of trial regularly. If he fails to attend the trial for two consecutive dates, or fails to comply with the aforesaid conditions, his default would entail the State to ask for cancellation of bail or even trial Court suo moto take cognizance of this and cancel the bail;
(vi) Pending Misc. Application(s), if any, also stand disposed of.
7. The observations of this Court are prima facie in nature. The Trial Court shall not be influenced by the observations of this Court and the observations are restricted to this bail application only.
[ M.M. NERLIKAR, J ] Piyush Mahajan