Bombay High Court
BHIM PRASADSINGH BADELAversusSTATE OF MAHARASHTRA
- Decided
- Disposal
- Allowed
- Bench
- R M JOSHI
Holding
The court held that the procedural irregularities and the applicant’s clean record justified granting bail.
Summary
The applicant, Bhim Prasadsingh Badela, was arrested on 7 January 2025 and charged under IPC sections 178 to 182 and Section 3(5) of the BNS 2023 for alleged possession of counterfeit currency. The applicant’s counsel argued that the prosecution’s case was undermined by a discrepancy in the timeline of seizure—arrest on 7 January but seizure recorded on 9 January—and the failure to produce a video recording of the seizure as mandated by Section 105 of the BNS 2023. The respondent contended that the panchanama of seizure was sufficient evidence of the applicant’s involvement. The court noted the lack of videographic evidence, the applicant’s clean criminal record, and the absence of any justification for continued custody after the chargesheet was filed. Consequently, the court granted bail on condition of a personal bond of Rs. 30,000 with one surety and ordered the applicant to appear for all trial dates.
Issues considered
- Whether the failure to produce a video recording of the seizure under Section 105 of the BNS 2023 creates reasonable doubt warranting bail.
- Whether the applicant’s continued custody is justified after the filing of the chargesheet.
- Whether the applicant poses a flight risk or risk of tampering with evidence.
Legislation cited
- BNS, 2023 — s. 105, 3(5)
- Indian Penal Code, 1860 — s. 178, 179, 180, 181, 182
Subjects
- bail
- counterfeit currency
- seizure
- video recording
- Section 105
- criminal history
- court conditions
Judgment
16-BA-3789-2025
Navnath Waghmare (P.A)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 3789 OF 2025
Bhim Prasadsingh Badela …Applicant
Versus
State of Maharashtra …Respondent
Mr. Vipul Dushing a/w Sangram Jadhav, Ms. Krishma Joshi for the
Applicant.
Mr. Shailesh S. Ghag APP for the Respondent-State
Mr. Vijay Patil, PSI , Police Station Byculla,
CORAM: R. M. JOSHI, J.
DATED: 04th MARCH, 2026
PC:-
1. The Applicant seeks bail in connection with CR No. 12 of
2025 for the offences under Sections 178, 179, 180, 181, 182 r/w
Section 3(5) of BNS 2023, and having arrested by Byculla Police
Station on 09th January, 2025.
2. Learned counsel for the applicant submits that there is
serious doubt created with regard to story of the prosecution
about the seizure of counterfeit currency notes from the applicant.
It is his submission that from the chargesheet it can be seen the
applicant was taken in custody on 07.01.2025 whereas the seizure
is shown on 09.01.2025. Further, arrest of the applicant is done on
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16-BA-3789-2025
11.01.2025. It is his further submission that provision Section 105
of BNSS,2023 mandate the video recording of the seizure. It is his
submission that except for this panchanama rest of the
investigation is videographed. According to him, this creates
serious doubt, about the genuineness case of the prosecution. He
further submits applicant has no criminal history and he is not
likely to flee from justice. It is further argued that after conclusion
of investigation of filing of chargesheet further custody of the
applicant is not necessary.
3. Learned APP opposed contention that there is panchanama
seizure of the counterfeit notes at the instance from the present
applicant on 09.01.2025 and which is sufficient evidence to accept
his involvement in crime.
4. Prima-facie perusal of the chargesheet indicates that on
07.01.2025 the applicant was taken in custody. The seizure of
counterfeit notes is done on 09.01.2025 but there is no
videography of the panchnama of seizure of notes from the
applicant. There is no explanation forthcoming for not
videographing the search & seizure panchanama. Applicant has no
criminal history behind him. Admittedly with filing of the
chargesheet there would be no reason to keep him in custody.
Imposition of the appropriate conditions would ensure that his
presence before the Trial Court during the trial.
5. Hence, following order.
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16-BA-3789-2025
ORDER
i) The application stands allowed.
ii) In connection CR. No. 12 of 2025 registered with Byculla
Police Station, Applicant be enlarged on bail on furnishing
PR Bond of Rs. 30,000/- with one surety in the like amount
to the satisfaction of Trial court
iii) Applicant to attain all dates of hearing before the Trial Court
unless exempted by Trial Court by passing specific order.
iv) Any breach of the conditions will result the vacation of this
order and the Applicant shall be taken custody for
undergoing trial
(R. M. JOSHI, J.)
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