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B.A.308/24
MHCC020022852024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.308 OF 2024
Sarthak Rajendra Bombale
Aged about 18, Occ : Student,
Having address at Indiranagar,
Ghatkopar (W), Mumbai 400 086.

….Applicant
– Versus The State of Maharashtra
(At the instance of Wadala Police Station
Mumbai C.R.No.205/2023)
.… Respondent
Appearance :Adv. R.G. Gadgil for the Applicant/ accused.
APP Iqbal Solkar for the respondent present.

CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 13/02/2024
ORDER
This is an application u/sec.439 of Criminal Procedure
Code for releasing the accused on bail in connection with
crime
registered at Wadala Police Station, Mumbai Vide C.R.No. 205/2023 for
commission of offence under Section 370, 363, 328, 511, 34 of the
Indian Penal Code and Section 84,87 of Juvenile Justice (Care and
Protection) Act.

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2.

B.A.308/24
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.
He has undergone custodial interrogation. Nothing is to be seized or
recovered from the possession of the accused. 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
she 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 20.11.2023, 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 coaccused Sanika and she was forcefully taking him away. Therefore,
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B.A.308/24
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.

According to the prosecution the applicant Sarthak is a
friend of Pawan Pokharkar. Said Pawan Pokharkar is the friend of
Sanika Waghmare. The accused Pawan informed to the police that the
applicant Sarthank had asked him to kidnapped a child. According, to
the prosecution Swapnil Bomble asked the applicant Sarthak to kidnap
the child and said Swapnil will pay Rs.2 lakhs to him. Swapnil also
informed that one Nitin made demand for the child and said Nitin
offered him Rs.6 lakhs for the said kidnapping. The applicant Sarthak
alongwith Swapnil Bomble had been in the car to Kalyan at the time of
said kidnapping. According to the prosecution main accused is Sanika
Waghmare who has actually kidnapped the child. The accused Pawan
Pokharkar named the present applicant / accused as the co-accused in
the crime. There is no specific role of kidnapping attributed to the
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B.A.308/24
present applicant / accused. The present applicant Sarthank is young
person have age of 18 years. Since 21.11.2023, he is behind bars.
Charge sheet is already filed. Investigation is completed. Nothing
remains to be recovered from the present applicant / accused. The
accused Sanika is already released on bail. Considering all these
circumstances, I am of the view that the applicant / accused is entitled
for the bail. Hence, I pass the following order :
ORDER
1.

Criminal Bail Application No.308 of 2024 is allowed.

2.

The Applicant / Accused Sarthak Rajendra Bombale, arrested in
C.R.No.205/2023 under Section 370, 363, 328, 511, 34 of the Indian
Penal Code,1860 and Section 84, 87 of Juvenile Justice (Care and
Protection) Act registered with Wadala Police Station, Mumbai be
released on bail on furnishing P.B. and S.B. of Rs.25,000/- with one or
two sureties.
3.

The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4.

The applicant / accused shall attend the the dates of hearing
before the trial court strictly unless exempted.
5.

Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
failing which the cash bail shall stand forfeited without any separate
order to that effect.
6.

The applicant / accused shall not leave India without prior
permission of the Court.
7.

Bail before the concern Magistrate.

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8.

B.A.308/24
Criminal Bail Application No.308 of 2024 is disposed of
accordingly.
Date : 13/02/2024
Dictated on
Transcribe on
Signed by HHJ on
: 13.02.2024
: 15.02.2024
: 16.02.2024
( RAJESH A. SASNE)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.308/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
16/02/2024
12.35 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER 13/02/2024
ORDER signed by P.O. on
16/02/2024
ORDER uploaded on
16/02/2024