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B.A. 16/2024
MHCC020000712024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.16 OF 2024
Sarthak Rajendra Bombale
Age 18 years old, Occ : Education,
Indian Inhabitant, Residing at
Indiranagar, Ghatkopar,
Mumbai 400 086.

… Applicant
– Versus The State of Maharashtra
(At the instance of Wadala Police Station
vide CR.No. 205/2023)
… Respondent
Appearance :Advocate A.B. Wakode for the applicant.
A.P.P. Iqbal Solkar for the respondent / State.
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 16/01/2024
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
CR.No.205/2023 registered with Wadala Police Station Mumbai for the
commission of offences punishable u/sec.370, 363, 328, 511, 34 of the
Indian Penal Code,1860 and Section 84, 87 of Juvenile Justice (Care
and Protection) Act.

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2.

B.A. 16/2024
It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. The applicant is in custody
since 21.11.2023, he has fully co-operated to the investigating officer.
The applicant is only earning member of his family. He has undergone
custodial interrogation. Nothing is to be seized or recovered from the
possession of the accused. There is no criminal antecedents against him.
The applicant / accused is permanent resident of his given address.
Therefore, there is no point in keeping accused behind bars till
conclusion of trial. Therefore he prayed for releasing him on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if the accused is
released on bail it will affect the collection of evidence. There is
material against the applicant / accused. If accused is released on bail
he will flee away from the justice. There is material evidence to show
the involvement of the accused in the present crime. If the accused is
released on bail there are chances of threatening of prosecution
witnesses and tampering of prosecution evidence. Hence, prosecution
prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant, and ld. APP for the State.
5.

It is the case of the prosecution that the informant Smt.

Suman Chourasiya lodged report that on 2.11.2023, her two children
were playing in the open space near the house. After some time she
found that her elder son Akash was there but younger son Vikas was not
there. Therefore, she started to search Vikas. One Reshma Patil who is
residing in the vicinity stated to her that her son Vikas was with accused
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B.A. 16/2024
Sanika and she was forcefully taking him away. Therefore, informant
made phone call to accused Sanika who is also residing in the same
vicinity. The said accused informed her that she is at college and Vikas is
not with her. At about 2.30 p.m. the informant with her husband visited
the police station to lodge report. When the informant and the police
was in search of Vikas, one phone call was received to the police
informing that somebody has come to the police station with Vikas.
When the informant came to the police station, she found that one
person Shivaji Kamble and another person namely Shakil Shaikh came
with Vikas. They informed that Sanika handed over Vikas to them and
asked them to took Vikas to the police station. Therefore, police called
Sanika to the police station. She informed that one Mr. Pawan
Pokharkar with whom she is acquainted had called her to bring a boy
having age of 10 years and he will pay her Rs.2 lakhs. She also stated
that she took Vikas to Kalyan. Accordingly report is lodged and offence
is registered under aforesaid sections.
6.

The present applicant / accused has been arrested on
20.11.2023. According, to the prosecution during investigation police
have arrested Pawan pokharkar at Ghatkopar. He was found with the
applicant / accused Sarthak Bombale and accused Swapnil Bombale.
According to the prosecution the applicant Sarthak had asked Pawan to
kidnap the child. It was revealed that accused Sanika has made child to
consume drug / medicine Nitrazepam Tablet IP 10 Nitravet 10.
According to the prosecution accused Swapnil Bombale was in
requirement of said child. He offered Rs.2 lakhs for the said kidnap. It
was revealed to the prosecution that one Nitin Bibwe was searching for
10 years old child and he offered Rs.6 lakhs to Swapnil. Some material
evidence is also recovered from the mobile phone, conversation /
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B.A. 16/2024
chatting. There is also some evidence regarding transfer of amount.
There is also some evidence regarding the photo of medical drug
Nitrazepam Tablet IP 10 Nitravet 10. At the time of kidnapping the
applicant / accused Sarthak was also with accused Swapnil. From the
facts on record it appears that accused Sanika at the demand of accused
Pawan Pokharkar kidnapped the child. Accused Pawan and accused
Sanika took the child in taxi. The police have recorded the statement of
taxi driver. The investigation in the offence is in progress. The applicant
also involved in the offence. The offence is serious one. It is in respect
of kidnapping of child of three years. All accused are connected with
each other and involved in the offence. Considering the nature of
offence and seriousness and also considering the facts on record I am of
the view that the accused is not entitled to be released on bail. As
aforesaid investigation is in progress. Charge sheet is not yet filed.
Hence, under these circumstances the application is liable to be
rejected. Hence, I pass the following order :
ORDER
Criminal Bail Application No.16 of 2024 is rejected and disposed off
accordingly.

Date : 16.01.2024
Dictated on
Transcribed on
Signed by HHJ on
: 16.01.2024
: 17.01.2024
: 20.01.2024
( RAJESH A. SASNE )
Additional Sessions Judge,
Gr. Mumbai.

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B.A. 16/2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
20/01/2024
5.38 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri. R.A
Room No.)
Sasne, Court Room No. 30.
Date of Pronouncement of ORDER 16/01/2024
ORDER signed by P.O. on
20/01/2024
ORDER uploaded on
20/01/2024