Bombay High Court
SHUBHAM ASHOK SADEWARversusTHE STATE OF MAHARASHTRA AND ANOTHER
- Disposal
- DISPOSED OFF
- Bench
- R M JOSHI
Holding
Anticipatory bail is granted as there is no evidence establishing the applicant’s participation in the alleged offences.
Summary
The applicant, Shubham Ashok Sadewar, filed an anticipatory bail application in connection with Crime No. 597/2024 involving alleged abduction, extortion and possession of arms. The FIR described the kidnapping of an informant’s father and a demand for Rs. 1 crore, leading to charges under multiple sections of the Bharatiya Nyaya Sanhita and Section 3/25 of the Arms Act. The applicant contended that the charge‑sheet contained no material linking him to the offences and that he has no prior criminal record. The State relied on a statement of a co‑accused, Nitin, alleging the applicant’s involvement, but the investigating officer admitted that no corroborative evidence had been collected. The Court held that, in the absence of any evidential basis, the applicant’s liberty must be protected and consequently granted anticipatory bail with standard conditions.
Issues considered
- Whether anticipatory bail should be granted in the absence of any evidence linking the applicant to the offences.
- Whether the co‑accused’s statement, uncorroborated by material evidence, can justify denial of bail.
Legislation cited
- Arms Act — s. 3/25
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 127(2), 137(2), 140(2), 310(2), 351(2)(3), 352, 61(2)
Subjects
- anticipatory bail
- bail
- criminal procedure
- co‑accused statement
- evidence
- extortion
- abduction
- arms act
Judgment
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
34 ANTICIPATORY BAIL APPLICATION NO. 854 OF 2026
Shubham Ashok Sadewar ….Applicant
VERSUS
The State of Maharashtra & another …..Respondents
Mr. R. G. Narwade, Advocate for Applicant
Mr. S. G. Joshi, APP for the State.
CORAM : R. M. JOSHI, J.
DATE : 27th JULY, 2026.
PER COURT :
1. Applicant seeks pre-arrest bail in connection with Crime No.
597/2024 registered with Akhada Balapur Police Station, Dist.
Hingoli for the offences punishable under Sections 137(2), 140(2),
310(2), 109, 127(2), 115(2), 352, 351(2)(3), 61(2), 126(2) of Bharatiya
Nyaya Sanhita and Section 3/25 of Arms Act.
2. In short First Information Report indicates that the father of
the informant was abducted by unknown persons at about 9.00 pm.
He was forcibly taken in a black colour Scorpio car. A phone call was
received demanding extortion money of Rs. 1 Crore. On the basis of
this report, offence came to be registered.
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3. Learned Counsel for the Applicant submits that now on
conclusion of investigation, charge-sheet has been filed and in the
said charge-sheet, there is no evidence against the present Applicant
in order to show his involvement in the crime. He however, claims
that Applicant has no criminal history behind him and since this is
not a case of custodial interrogation against the Applicant, his liberty
be protected.
4. Learned APP opposed grant of relief to the Applicant by
referring to the statement of co-accused Nitin. He referred to the said
statement made to the police indicating that this statement shows
involvement of the Applicant in the crime. A specific query was made
to the learned APP with regard to any evidence being collected during
the course of investigation in order to support the said statement of
the co-accused. Learned APP, on instructions from the Investigating
Officer, who is present in the Court, states that there is no evidence
to hold so.
5. Perusal of the charge-sheet does not show any evidence against
the present Applicant in order to accept his complicity in the crime.
Even if it is accepted for the sake of argument that the statement
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made by the co-accused is relevant of the purpose of investigation, it
does not become admissible evidence during trial. It was obligatory
on the part of the Investigating Officer to collect evidence in order to
substantiate/support the alleged statement of co-accused. It was
very much possible for the Investigating Officer to collect evidence in
this regard having regard to the nature of statement made by the co-
accused. However, inspite of the fact that said statement came to be
recorded on 11.10.2024, till date, there is no evidence to connect the
Applicant with the crime. Applicant has no criminal history behind
him. In the facts of the case, liberty of the Applicant deserves to be
protected. Hence, the following order :-
ORDER
(i) In the event of arrest of applicant Shubham
Ashok Sadewar, in connection with Crime No.
597/2024 registered with Akhada Balapur Police
Station, Dist. Hingoli for the offences punishable under
Sections 137(2), 140(2), 310(2), 109, 127(2), 115(2),
352, 351(2)(3), 61(2), 126(2) of Bharatiya Nyaya
Sanhita and Section 3/25 of Arms Act, he be released
on bail on furnishing PR Bond of Rs. 15,000/-
(Rs. Fifteen Thousand only) with one surety in the like
amount.
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(ii) He shall attend the concerned police station as
and when called.
(iii) He shall not contact the witnesses directly or
indirectly.
(iv) He shall not interfere with the evidence in any
manner whatsoever.
(v) He is further directed to cooperate the
investigating agency for further investigation.
(vi) Learned APP to communicate this order to the
concerned Investigating Officer.
( R. M. JOSHI, J.)
dyb
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