Mumbai, India – January 16, 2024 – In a case that has sent shockwaves through the city, an 18-year-old, Sarthak Rajendra Bombale, has been denied bail by a Mumbai Sessions Court in connection with the kidnapping and attempted trafficking of a three-year-old child. Additional Sessions Judge Rajesh A. Sasne, presiding over Court Room No. 30, rejected Bombale’s bail application in Criminal Bail Application No. 16 of 2024, citing the gravity of the offense, ongoing investigation, and compelling evidence linking him to the crime.

Bombale, along with several others, faces charges 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.

The Kidnapping and Rescue:

The harrowing incident began on November 2, 2023, when Smt. Suman Chourasiya reported her three-year-old son, Vikas, missing. Vikas and his older brother were playing near their home when he vanished. A neighbor, Reshma Patil, informed Suman that she had seen Vikas being forcibly taken away by Sanika, a local resident.

Suman contacted Sanika, who denied having Vikas. After a fruitless search, Suman and her husband went to Wadala Police Station to file a report. While at the police station, they received a call informing them that two individuals, Shivaji Kamble and Shakil Shaikh, had brought Vikas to the station. They revealed that Sanika had handed Vikas over to them, instructing them to take him to the police.

Upon questioning, Sanika confessed that she had been asked by Pawan Pokharkar, an acquaintance, to bring him a 10-year-old boy, for which he would pay her Rs. 2 lakhs. She admitted to taking Vikas to Kalyan.

Unraveling the Conspiracy:

The investigation revealed a complex web of conspiracy and criminal intent. Bombale was arrested on November 20, 2023, along with Pawan Pokharkar and Swapnil Bombale, at Ghatkopar. The prosecution alleges that Sarthak Bombale had instructed Pawan Pokharkar to kidnap the child.

Further investigation revealed that Swapnil Bombale was the mastermind behind the kidnapping, offering Rs. 2 lakhs for the child. He, in turn, was allegedly acting on instructions from Nitin Bibwe, who had offered him Rs. 6 lakhs for a 10-year-old child.

A disturbing element of the case is the alleged use of drugs. Sanika admitted to administering Nitrazepam Tablets IP 10 Nitravet 10, a sedative, to Vikas. Evidence recovered from mobile phones, including chats, conversations, and financial transaction details, corroborated the conspiracy. A photo of the Nitrazepam drug was also recovered.

The prosecution also presented evidence that Sarthak Bombale was present with Swapnil Bombale at the time of the kidnapping. The statement of a taxi driver, who transported Sanika and Vikas, was also recorded.

Defense Arguments:

Bombale’s defense argued that he was falsely implicated and had fully cooperated with the investigation. They emphasized that he was the sole earning member of his family, that nothing was to be recovered from him, and that he had no prior criminal record.

Prosecution’s Objections:

The prosecution vehemently opposed the bail, arguing that Bombale’s release would impede the ongoing investigation and that there was substantial material evidence linking him to the crime. They expressed concerns that he would flee justice, threaten witnesses, and tamper with evidence.

Court’s Reasoning and Decision:

Judge Sasne, after reviewing the evidence and hearing arguments from both sides, rejected Bombale’s bail application. He emphasized the seriousness of the offense, the ongoing investigation, and the compelling evidence linking Bombale to the conspiracy.

“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,” Judge Sasne stated in his order.

He concluded that releasing Bombale at this stage would hinder the investigation, which was still in progress.

Implications:

The court’s decision underscores the seriousness with which it views child kidnapping and trafficking cases. The detailed investigation and the evidence presented highlight the complex nature of such crimes and the involvement of multiple individuals with varying roles. The case also raises concerns about the use of drugs in such crimes and the alarming sums of money involved, pointing to a potentially larger trafficking network. The rejection of bail signifies the court’s commitment to ensuring a thorough investigation and protecting the vulnerable child victim.