Mumbai, Maharashtra – February 16, 2024 – Sarthak Rajendra Bombale, an 18-year-old student, has been granted bail by the Sessions Court for Greater Bombay in connection with a child kidnapping case registered at the Wadala Police Station.

Background of the Case:

Bombale was arrested and charged under Sections 370 (trafficking of persons), 363 (kidnapping), 328 (causing harm by means of poison, etc., with intent to commit an offense), 511 (attempting to commit offenses punishable with imprisonment for life or other imprisonment), and 34 (acts done by several persons in furtherance of common intention)¹ of the Indian Penal Code (IPC), as well as Sections 84 and 87 of the Juvenile Justice (Care and Protection) Act, in connection with C.R. No. 205/2023.

The prosecution alleged that Bombale, along with co-accused Sanika Waghmare and others, conspired to kidnap a 10-year-old boy, Vikas Chourasiya, for monetary gain. Sanika Waghmare allegedly took the child to Kalyan, and Bombale was implicated based on statements from other co-accused.

Arguments Presented:

Bombale, through his advocate R.G. Gadgil, argued that:

• He was innocent and falsely implicated.
• He had been in custody since November 21, 2023, and had fully cooperated with the investigation.
• Nothing was to be recovered from him.
• He was a permanent resident of his given address.
• The charge sheet had been filed, and the investigation was complete.
• Co-accused Sanika Waghmare had already been granted bail.
• He is a young person of 18 years.

The prosecution, represented by Additional Public Prosecutor (APP) Iqbal Solkar, opposed the bail application, arguing that:

• Releasing Bombale would affect the collection of evidence.
• There was material evidence against him.
• He might flee from justice.
• He might threaten witnesses or tamper with evidence.

Court’s Decision and Rationale:

Additional Sessions Judge Rajesh A. Sasne granted bail to Bombale. The court considered the following factors:

• Youth of the Accused: Bombale was 18 years old.
• Completed Investigation: The charge sheet had been filed, and the investigation was complete.
• Lack of Specific Kidnapping Role: There was no specific role of kidnapping attributed to Bombale, other than the statements given by co-accused.
• Co-accused Granted Bail: Co-accused Sanika Waghmare had already been granted bail.
• No Recovery Pending: Nothing remained to be recovered from Bombale.
• Length of Custody: Bombale had been in custody since November 21, 2023.

The court concluded that Bombale was entitled to bail, considering these circumstances.

Bail Conditions Imposed:

The court granted bail to Sarthak Rajendra Bombale on the following conditions:

• Personal Bond and Surety: He must furnish a personal bond and surety bond of Rs. 25,000 with one or two sureties.
• No Tampering with Witnesses or Evidence: He must not tamper with prosecution witnesses or evidence.
• Court Attendance: He must attend all court hearings unless exempted.
• Provisional Cash Bail: Provisional cash bail of the same amount was allowed, with a requirement to furnish surety within four weeks.
• No Leaving India: He must not leave India without prior court permission.
• Bail Execution: The bail must be executed before the concerned magistrate.

Significance of the Decision:

This decision highlights the court’s consideration of the accused’s age, the completion of the investigation, and the principle of parity when determining bail applications. The court’s decision to grant bail reflects its assessment that further detention was unnecessary, given the progress of the case and the parity with the co-accused. The fact that the applicant was 18, and that the investigation was completed, played a large role in this decision.