2025:BHC-NAG:3950 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.191/2025 Yogesh s/o Ramesh Tonde ..vs..

The State of Maharashtra, through PSO PS Janefal, Buldhana, Tahsil and District Buldhana ...............................................................................................

Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ...............................................................................................

Shri S.V.Sirpurkar, Counsel for the Applicant.

Shri V.A.Thakare, Additional Public Prosecutor for the State.

CORAM : URMILA JOSHI-PHALKE, J.

CLOSED ON : 02/04/2025 PRONOUNCED ON : 16/04/2025

1. By this application, being moved under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, the applicant seeks regular bail in connection with Crime No.204/2024 registered with the non-applicant/police station for offences punishable under Sections 302 and 365 read with 34 of the Indian Penal Code.

2. The applicant came to be arrested on 10.7.2024 and since then he is in jail.

3. The crime is registered on the basis of report lodged by Jyoti Dilip Ingle, the wife of the deceased, alleging that her husband was working as a “Money Rain Pourer”. On 22.6.2024, at around 3:00 pm, he left the house by informing her that he is travelling to Ahmednagar for the work related to money rain accompanied by the applicant and one Sandip Shewale, but he did not return until 27.6.2024 and, therefore, she lodged missing report 27.6.2024. During enquiry of the missing report, it revealed that her husband has left in “Swift Desire Car MH-03/BH/1824 along with the applicant and Sheikh Sajid Sheikh. They travelled to Shirdi and were waiting at Nashik Fata. At around 7:00 pm, another car arrived with three unknown individuals. The informant was informed by Sandip Shewal, who was along with the deceased, that the deceased informed that he is proceeding at Kokandhan for the said money rain event. Thus, said Sandip and the deceased proceeded in the vehicle. The applicant was also along with them. At around 10:30 to 11:00 pm, when they reached near SJS Hospital, another four-wheeler approached them and 4-5 persons got down from the vehicle and assaulted her husband. They forcibly took him in their vehicle and abducted him. Subsequently, the dead body of the deceased was found at Rashin-Karjat and, therefore, the offence was registered on the basis of the report lodged by the wife of the deceased alleging against the other co-accused.

4. During investigation, involvement of the applicant revealed in the conspiracy and, therefore, he is also arraigned as an accused.

5. Heard learned counsel Shri S.V.Sirpurkar for the applicant and learned Additional Public Prosecutor Shri V.A.Thakare for the State.

6. Learned counsel for the applicant submitted that the entire case is based on the circumstantial evidence. Not a single circumstance is on record to prima facie establish the involvement of the applicant in the conspiracy. Though the applicant, allegedly, went along with the deceased, investigation papers show that from Kopargaon the deceased was taken by the unknown persons and, thereafter, his dead body was found. Thus, as far as involvement of the applicant is concerned, there is no sufficient material to connect him with the alleged offence.

Now, investigation is completed and chargesheet is filed.

7. Learned counsel for the applicant also raised ground of non-compliance of Section 50 of the CrPC and violation of Article 22(1) of the Constitution of India. He, therefore, prays that the applicant be released on bail.

8. Per contra, learned Additional Public Prosecutor for the State submitted that the deceased and one Amol Rajput were involved in the activity like money rain and some dispute arose between the deceased and said Amol on account of money transaction. Therefore, said Amol hatched conspiracy with co-accused San