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Bombay High Court

DHANRAJ DHARAMSING BARDEversusTHE STATE OF MAHARASHTRA

Disposal
APPLICATION ALLOWED

Holding

In the absence of any independent material linking the applicant to the alleged offence and given the non‑serious nature of the charges, bail must be granted subject to conditions.

Summary

The applicant was arrested for allegedly driving a pickup van that was intercepted carrying illegal liquor, with a mobile phone recovered from the vehicle. The prosecution alleged the applicant was the driver, but the FIR described the occupants as unknown and no witness identified him; the vehicle belonged to a third party and no documentary evidence linked the applicant to it. The applicant contested the identification, denied ownership of the phone, and highlighted the pending forensic report, while noting his clean record and lack of any liquor recovered from him. The State argued that the substantial seizure and the applicant's escape from the scene justified denial of bail. The court found that the charge‑sheet contained no independent evidence tying the applicant to the offence, the offences are triable by a Judicial Magistrate with a maximum five‑year term, and the applicant’s antecedents are clean, thus granting bail with a personal bond and conditions.

Issues considered

  • Whether the applicant is entitled to bail despite the alleged involvement in the illegal liquor seizure.
  • Whether the absence of independent identification evidence precludes continued detention.
  • The effect of co‑accused absconding on the applicant’s bail eligibility.

Legislation cited

Subjects

  • bail
  • illegal liquor
  • identification evidence
  • mobile phone evidence
  • absconding co‑accused
  • Maharashtra Prohibition Act
  • Bharatiya Nyaya Sanhita
  • criminal antecedents

Judgment

2026:BHC-AUG:38134
                                               -1-
                                                                    940-BA-1328-2026

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               BENCH AT AURANGABAD

                            BAIL APPLICATION NO. 1328 OF 2026

                              DHANRAJ DHARAMSING BARDE
                                       VERSUS
                              THE STATE OF MAHARASHTRA

                                              ......
              Advocate for Applicant : Mr. Sushil Pushpendra Pandit a/w Mr.
              Umesh Gangadhar Mitkari
              APP for Respondent - State : Mr. K. K. Naik
                                              .....

                                         CORAM : HITEN S. VENEGAVKAR, J.
                                          DATED : 20th AUGUST 2026
              PER COURT :

              1.         Heard learned Advocate for the applicant as well as

              learned Assistant Public Prosecutor for respondent – State.



              2.         Perused investigation papers.



              3.         Present application is filed for regular bail in connection

              with FIR bearing Crime No.193 of 2026, registered on 22 nd May,

              2026 with Mhasawad Police Station, Tq. Shahada, Dist. Nandurbar,

              for offences punishable under Sections, 65(a),(e), 81 and 108 of

              Maharashtra Prohibition Act, 1949 and Section 3(5) of Bharatiya

              Nyaya Sanhita, 2023.



              4.         The prosecution case, in brief, is that upon receipt of
                                -2-
                                                    940-BA-1328-2026

secret information, a pickup van bearing registration No. MH-15-

HH-8276 was intercepted on the Mhasawad–Toranmal Road on

21st May, 2026. The driver and the person accompanying him

abandoned the vehicle and escaped in the darkness. The pickup

van was carrying illegal liquor worth Rs.19,20,000/-. Upon search

along with the illegal liquor, a mobile phone was found. As it is

alleged that the present applicant was driving the vehicle and that

he has absconded from the scene of the offence, the illegal liquor,

mobile phone and the pickup van were seized by the police. In

continuation of the said investigation, additional illegal liquor

worth Rs.29,64,480/- was seized from the house of the co-accused,

who is absconding. The prosecution against the present applicant

is only on the ground that the present applicant was driving the

pickup van.



5.         The learned Advocate appearing for the applicant

submitted that the FIR described the driver and cleaner as

unknown and that nobody had identified the applicant as the

driver. The vehicle belongs to a third person, but neither the

statement of the registered owner nor any documentary material

showing that the vehicle was entrusted to the present applicant or

was being driven by the present applicant forms part of the

investigation papers. The applicant disputes that the mobile phone
                                 -3-
                                                      940-BA-1328-2026

recovered from the deserted vehicle belongs to present applicant.

However, he admits that the mobile phone with the SIM card is in

the name of the present applicant's father. However, the forensic

report pertaining to the analysis of the said mobile is still awaited.

It is further argued that the only statement attributing the act of

driving to the applicant is his own statement recorded by the

police, which is not a substantive piece of evidence against him

and, in any event, the said statement is not admissible in law.

There is no recovery at the instance of the present applicant and,

furthermore, he has no criminal antecedents.



6.         The learned APP opposed the application on the ground

that a substantial quantity of illicit liquor was recovered from the

van which was driven by the present applicant. He also

emphasized the conduct of the present applicant in absconding

from the scene of the offence the moment the vehicle was accosted.

He also relied upon the recovery of the mobile phone, which was

found in the deserted vehicle and furthermore sought to connect

the present applicant with the alleged offence on the basis of the

statement given to the police by the present applicant. He further

argued that the other co-accused are absconding and therefore,

allowing the bail application of the present applicant and releasing

him on bail would derail the entire investigation.
                                 -4-
                                                      940-BA-1328-2026




7.         I have perused the entire charge-sheet with the

assistance of the learned APP. Prima facie, the FIR does not

identify the applicant and records that both the occupants of the

vehicle escaped in the darkness. There is no statement of any

witness to show that the applicant has been identified as the

person who was driving the said vehicle. Though the vehicle

belongs to a third person, the entire charge-sheet and the

investigation are completely silent about the owner of the vehicle,

there is no statement of the owner recorded and therefore there is

no independent material to connect the present applicant with the

allegation that he was driving the said vehicle.      The applicant

disputes ownership of the mobile phone which was found in the

abandoned vehicle and the forensic report is also awaited.

Recovery of the said mobile phone by itself, at this stage, is

insufficient to warrant material against the present applicant.

Furthermore, there is no recovery of any illegal liquor from the

person of the present applicant or at his instance.



8.         Taking into consideration the aforesaid material, the

fact that the investigation is complete and the charge-sheet has

already been filed, and the offences that has been alleged against

the present applicant are punishable with a maximum sentence of
                                   -5-
                                                      940-BA-1328-2026

five years and are triable by the Judicial Magistrate First Class, the

applicant deserves to be released on bail.


             The applicant admittedly has no criminal antecedents

and has been in custody since 6 th June, 2026. The fact that the

other accused persons are absconding cannot, by itself, justify his

continued detention. His presence and the interests of the trial can

be secured by imposing appropriate conditions. The applicant,

therefore, deserves to be released on bail. Hence, following order :


                                ORDER

(i)    The Bail Application is allowed.


(ii)   The applicant shall be released on bail in Crime No.193 of
       2026 registered with Mhasawad Police Station, Tq. Shahada,
       Dist. Nandurbar, for offences punishable under Sections,
       65(a),(e), 81 and 108 of Maharashtra Prohibition Act, 1949
       and Section 3(5) of Bharatiya Nyaya Sanhita, 2023, on
       furnishing a personal bond of Rs. 50,000/- (Rupees Fifty
       Thousand only) with one solvent surety in the like amount,
       subject to the following conditions :

       a)    The applicant shall attend the concerned police station
             twice in a month i.e. on every first Monday and last
             Monday till committal of case and thereafter, shall
             attend the Trial Court on every date fixed, unless their
             attendance is specifically exempted.


       b)    The applicant shall not, directly or indirectly, contact,
                                         -6-
                                                              940-BA-1328-2026

                threaten, induce or influence the informant or any
                prosecution witness and shall not tamper with the
                prosecution evidence.


          c)    The applicant shall furnish his current residential
                addresse and mobile numbers to the Investigating
                Officer and the trial Court within seven days of release,
                intimate   any   change        forthwith,   and   attend   the
                Investigating Officer upon prior written notice if further
                investigation is required.


          d)    The applicant shall not leave India without prior
                permission of the trial Court and, if he possess passport,
                shall deposit the same with the trial Court within seven
                days of their release.

          e)    The applicant shall not involve himself in any offence of
                a similar nature while on bail.

          f)    Breach of any of the above conditions shall entitle the
                prosecution to apply for cancellation of bail.

          g)    All observations in this order are prima facie and
                confined to the decision of this bail application. The trial
                Court shall decide the case independently on the
                evidence led before it.

          (iii) The Bail Application is disposed of in the above terms.



                                               (HITEN S. VENEGAVKAR)
                                                      JUDGE
Tandale


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