Gopal Nandram Rajput vs The State Of Maharashtra on 6 December, 2021

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Bombay High Court

Gopal Nandram Rajput vs The State Of Maharashtra on 6 December, 2021

Bench: V. G. Bisht

                                                                          BA-841-2020.doc




                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                      CRIMINAL APPELLATE JURISDICTION

                                       BAIL APPLICATION NO.841 OF 2020

                     GOPAL NANDRAM RAJPUT                         )...APPLICANT

                              V/s.

                     THE STATE OF MAHARASHTRA                     )...RESPONDENT


                     Mr.Ashok Kumar Dubey and Mr.Abhinav Dubey i/b. SAVJ Law
                     Solution, Advocate for the Applicant.
                     Ms.P.N.Dabholkar, APP for the Respondent - State.


                                                     CORAM : V. G. BISHT, J.

                                               RESERVED ON : 23rd NOVEMBER 2021
                                            PRONOUNCED ON : 6th DECEMBER 2021


                     P.C. :


                     1               The present application has been moved by the

                     applicant under Section 439 of the Code of Criminal Procedure in

                     Crime No.25 of 2017 registered with Police Station Raigad, Pune,

                     for offences punishable under Section 395,397, 342, 412, 201 of

                     the Indian Penal Code (IPC) and under Section 4 and 25 of the


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KHATATE Date:
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                                                        BA-841-2020.doc




Arms Act and under Section 3(1)(ii), 3(4) of the Maharashtra

Control of Organized Crime Act (MCOC Act).



2          On 2nd March 2017, informant, who was working as

a watchman in Yasho Electric Private Limited, at Ranje, Taluka -

Bhor, District Pune, was on duty. The prosecution alleges that at

about 3.30 a.m., ten to twelve persons came near the watchman's

cabin armed with bamboo sticks and swords. It is alleged that

those persons assaulted the informant by bamboo sticks and

asked him who are present in the premises.        The informant

replied that some workers are present in the company premises

and escorted those persons towards the shed where the workers

were sleeping.   It is further alleged that those persons then

assaulted the informant and workers and tied their hands and

legs with the help of bed-sheets. It is further alleged that those

persons stole copper and aluminum material, DVR machine from

the company premises along with cash and mobile handsets of

workers totally amounting to Rs.23,24,184/- and fled away.

Later on, the informant lodged the report.

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3            Mr.Ashok Kumar, learned counsel for the applicant,

invites my attention to the Affidavit-in-Reply of the Investigating

Officer and points out that there are no specific allegations

against the applicant except that the stolen property is allegedly

received by him. There are no criminal antecedents. In such

circumstances, the applicant deserves to be released on bail.



4            Ms.P.N.Dabholkar, learned APP, on the other hand,

submits that the applicant was identified by the witness, namely,

Sanjay Ramnik Bhanushali, in the Test Identification Parade.

Similarly, the stolen articles are also recovered from the

applicant.    Although there are no criminal antecedents but

having regard to the nature of offence, the application does not

deserve consideration.



5            Perused the investigation papers. I have also gone

through the Affidavit-in-Reply of the Investigating Officer.

Although the provisions of MCOC Act have been applied but that

appears to be against the main accused. Admittedly, the present

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                                                         BA-841-2020.doc




applicant has no criminal antecedent. Paragraphs 9 and 14 of the

Affidavit-in-Reply of the Investigating Officer would show that

not only the applicant was identified in the Test Identification

Parade but certain stolen articles, namely, copper strips,

aluminum strips, aluminum wire worth Rs.8,84,081/- were

seized from the possession of the applicant.       Thus, there is

nothing to be recovered.



6             Investigation is already over and charge-sheet has

been filed.    Having regard to the alleged role played by the

applicant, in my considered opinion, his custody is totally

unwarranted. In such circumstances, he deserves to be released

on bail. Hence, I pass the following order :

                              ORDER

(i) Applicant - Gopal Nandram Rajput shall be released on bail in Crime No.25 of 2017 registered with Police Station Raigad, Pune, on his executing P.R.Bond in the sum of Rs.25,000/- with one or two sureties in like amount. AVK 4/5

BA-841-2020.doc

(ii) The applicant shall not tamper with prosecution evidence.

(iii) The applicant shall attend the Court proceedings regularly.

(iv) Bail before the trial Court.

(v) Parties to act on copy of this order duly authenticated by the Sheristedar of this Court.

(vi) It is made clear that the observations made herein are prima facie and the trial Court shall decide the case on its own merit, in accordance with law, uninfluenced by the observations made in this order.

(vii) The interim application is allowed and stands disposed off accordingly.

(viii)The application is allowed in the aforesaid terms and stands disposed off accordingly.

(V. G. BISHT, J.) AVK 5/5

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