The court grants bail considering the applicant's lack of antecedents, the recovery of stolen items, and the potential for significant delays in trial proceedings.

CORAM : ARUN R. PEDNEKER, J.

DATE : 19/08/2025 P.C. :

1. Heard the learned counsel for the applicant and the learned APP for the respondent-State.

2. The applicant is seeking bail as he was arrested in connection with crime No. 93/2023 dated 1.6.2023 registered with Shanipeth Police Station, Jalgaon for the offence under section 394 of I.P.C.

3. The case against the applicant and other co-accused is that they have committed robbery in State Bank of India, Branch Kalika Mata Mandir, Jalgaon. The applicant is the employed in the said bank on contract basis. It is stated that on 1.6.2023 the applicant and the co-accused have committed robbery in the bank. The allegation against the applicant is that applicant was present in the bank and he has helped the other co-accused in committing the robbery. It is stated that during the scuffle with one of the bank employee, the helmet on the head of the accused No. 1 had fallen down. From the CCTV, the applicant identified co-accused No. 1 as his brother in law. When the applicant had expressed willingness to show the house of accused No. 1, the accused No. 1 being the police officer, the prosecution was apprehensive whether he is the same person as seen in the CCTV footage. Thereafter, when the applicant was taken to the house of the accused No. 1, there police traced out entire gold jwellery and money robbed from the bank and the same is recovered in its entirety from accused No. 1. Thereafter, applicant came to be arrested in this crime as he has assisted accused Nos. 1 and accused No. 3 while committing robbery. As such aforesaid crime came to be registered for aforesaid offences against the applicants and other co-accused.

4. The learned counsel for the applicant submits that earlier the bail application of the present applicant is filed before this court and the same is disposed of as withdrawn. Thereafter, the applicant has approached to Hon’ble Supreme Court. The Supreme Court vide order dated 6^th March, 2025 in SLP (Cri) No. 003718/2025 permitted the applicant to apply afresh for bail before the High Court. In pursuance of the liberty granted by the Hon’ble Supreme Court, present bail application is filed before this Court.

5. The learned counsel for the applicant submits that the applicant is arrested on 3.6.2023, there are no antecedents against the applicant, charges are not framed in the matter, there are 26 witnesses to be examined and there are 82 exhibits to be proved. The learned counsel submits that entire gold and money robbed from the bank has been recovered from accused No. 1 and there is no further recovery to be made at the instance of applicant. The learned counsel submits that the applicant is behind bars for last two years, two months and fifteen days and that the maximum punishment provided for the offence is 10 years imprisonment. The learned counsel submits that the trial may take substantial time to conclude. Considering all above, the learned counsel prays to release the applicant on bail.

6. Per contra, the learned APP submits that the allegations against the applicant is that he is the contractual employee of the bank in which grave offence of robbery is committed by the applicant and other co-accused. The applicant has assisted the other co-accused while committing the crime. Entire amount and gold has been recovered at the instance of accused No. 1 and as such, involvement of the applicant in this crime is apparent