Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 10, Cited by 0]

Bombay High Court

Pradip S/O Rambhau Bawankule vs State Of Maharashtra Thr Pso., ... on 26 February, 2026

                                                1                                   24 BA 175.26

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH : NAGPUR

                       CRIMINAL APPLICATION (BA) NO. 175/2026
                     (Pradip S/o Rambhau Bawankule Vs. State of Maharashtra)
----------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Coram,                            Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
--------------------------------------------------------------------------------------
                         Mr. S.V. Sirpurkar, Advocate for applicant.
                         Mr. A. R. Chutke, APP for non-applicant/State.
                         Mr. H. Dhage, Advocate assists to prosecution.


                         CORAM: M. M. NERLIKAR, J.
                         DATED : 26/02/2026.

                                    Heard.

                         2.         By this application, the applicant is seeking bail in

                         connection with Crime No.654/2025 registered with Police

                         Station Bramhapuri, Tal. Bramhapur, Dist. Chandrapur for

                         the offence punishable under Sections 120(B), 294, 326,

                         342, 387, 506 of the Indian Penal Code read with Sections

                         39 and 44 of the Maharashtra Money Lending (Regulation)

                         Act and Sections 143(1)(a)(f), 143(2) of the Bhartiya

                         Nyaya Sanhita read with Sections 18 and 19 of the

                         Transplantation of Human Organs and Tissues Act, 1994.


                         3.         Brief facts of the prosecution story is that the

                         informant who is an agriculturist R/o Minthur village-

                         Nagbhid, Dist. Chandrapur is also engaged in dairy

                         business. In the year 2021, he owned around 12 cattle.
                     2                                24 BA 175.26

During March 2021, there was an outbreak of lumpy skin

disease among the cattle, consequently all his cattle

became ill and most of them eventually died, causing him

financial distress. Due to the said financial difficulties, on

02.02.2021, the informant borrowed an amount of Rs.

1,00,000/- from accused No. 1 in the F.I.R. No. 645/2025

that is Manish Ghatbandhe on interest which was supposed

to be repaid within 15 days along with such interest. On

31/03/2021, he paid Rs. 15,000/- in cash towards the

payment to the Accused No. 1. However, he was unable to

repay the balance amount, the accused No. 1 abused and

threatened him and imposed penal interest of 20% along

with daily penalty of Rs. 5000/- Due to pressure exerted by

accused No. 1, he borrowed money from several other

persons i.e. accused No.2 Kishor Bawankule, accused No. 3

Laxman    Urkude,       accused   No.   4   Pradip     Rambhau

Bawankule, the Applicant in this instance, accused No. 5

Satyawan Borkar and Accused No. 6 Sanjay Ballarpure.

They all recovered amount from              him   which     was

approximately six times more than what was lent by

improving excessive rate of interest. The said amount was

recovered by the accused persons illegally from the
                    3                             24 BA 175.26

informant by assaulting him. Under pressure and fear, the

informant was compelled to sell his kidney in Cambodia

Based of the aforesaid allegations, FIR came to be

registered.


4.      The learned counsel appearing for the applicant

submits that this Court has already granted bail to two

persons namely Laxman Pundalik Urkude in Criminal

Application (BA) No. 92/2026 and Sanjay Ballarpure in

Criminal Application in (BA) No.51/2026. He submits that

there are similar allegations against the present applicant

also. Therefore, he prays that the applicant is entitled for

bail on the ground of parity. He submits that there are no

allegations in respect of the transplant of the kidney of the

informant, therefore the applicant cannot be implicated

under Sections 18 and 19 of the Transplantation of Human

Organs and Tissues Act, 1994. He therefore submits that

now the entire investigation is over. The documentary

evidence has been collected by the Investigating Officer,

therefore nothing remains to be recovered from the present

applicant, he be released on bail.
                    4                             24 BA 175.26

5.      On the other hand, the learned APP and the

learned counsel appearing for the informant vehemently

oppose the application and submit that the applicant has

given loan amount of Rs. 2,40,000/- to the informant and

the applicant has recovered amount of Rs. 13,00,000/-. He

further submits that not only that the landed property of

1.5 acre has also been transferred in the name of the

present applicant. They further submit that the present

applicant is not a licensed money lender. Inquiry was

conducted by the District Deputy Registrar Cooperative

Societies which report reveal that the applicant is involved

in illegal money lending business, therefore submits that he

may not be granted bail.


6.      I have considered the rival submission. This Court

has already released two accused persons on bail

considering the allegations in the charge-sheet, The

applicant is also standing on the same footing.           The

allegations are in respect of money lending. Admittedly,

the role of the applicant is not in respect of the allegations

of Transplantion of Human Organs. It further appears that

the informant has borrowed amount from several persons.

However, there is nothing to show that the applicant has
                      5                             24 BA 175.26

instigated the informant or aided him to sell the kidney or

he is involved in kidney racket.       In the absence of such

material, the applicant would be entitled for bail. Hence

the following order:-

                             ORDER

(i) Criminal application is allowed and disposed of.

(ii) The applicant/accused Pradip S/o Rambhau Bawankule be released on bail in connection with Crime No.654/2025 registered with Police Station Bramhapuri, Tal. Bramhapur, Dist. Chandrapur for the offence punishable under Sections 120(B), 294, 326, 342, 387, 506 of the Indian Penal Code read with Sections 39 and 44 of the Maharashtra Money Lending (Regulation) Act and Sections 143(1)(a)(f), 143(2) of the Bhartiya Nyaya Sanhita read with Sections 18 and 19 of the Transplantation of Human Organs and Tissues Act, 1994 on his furnishing P.R. Bond of Rs. 25,000/- with one 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 concerned Police Station and shall not change his place of residence without prior intimation to the concerned Investigating Officer.

6 24 BA 175.26

(v) The applicant/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 entails the State to ask for cancellation of bail.

( M. M. NERLIKAR, J.) Gohane Signed by: Mr. J. B. Gohane Designation: PS To Honourable Judge Date: 26/02/2026 18:08:33