Bombay High Court

RUTIK ALIAS BANTY DEVANAND LONDHEversusTHE STATE OF MAHARASHTRA AND ANR.

Disposal: Allowed

Holding

Bail was granted to the applicant on the ground of parity with other accused, subject to conditions.

Summary

The applicant, Rutik alias Banty Devanand Londhe, accused No.2 in Crime No. 222 of 2021 (a Special MCOCA case), sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The charges included IPC sections 392, 394, 120(B) read with 34, Arms Act section 3(25) and MCOCA sections 3(1)(ii), 3(2) and 3(4). The applicant argued for bail on the ground of parity, noting that co‑accused Sanket Jadhav, Dilip Khude and Raju Boke had been released on bail in similar cases. The State contended that the allegations against the applicant were similar to those against Sanket Jadhav, supporting the parity argument. The Court found no material distinction between the applicant and the other accused and allowed the bail application with standard conditions, including a surety bond and reporting requirements.

Issues considered

The applicability of Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for granting regular bail.
Whether bail can be granted to the applicant on the ground of parity with co‑accused who were released on bail.
Whether there are any distinguishing facts that would justify denying bail to the applicant.

Legislation cited

Arms Act — s. 3(25)
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
Indian Penal Code, 1860 — s. 120(B) read with 34, 392, 394
Maharashtra Control of Organised Crime Act, 1999 — s. 3(1)(ii), 3(2), 3(4)

Subjects

bail
parity
MCOCA
regular bail
criminal procedure
Indian Penal Code
Arms Act
Maharashtra Control of Organised Crime Act
Bharatiya Nagarik Suraksha Sanhita

Judgment

51 - BA - 597 - 2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
Digitally
signed by
VAIBHAV
VAIBHAV RAMESH
RAMESH JADHAV
JADHAV Date:
2026.09.21
21:15:13
+0530
CRIMINAL BAIL APPLICATION NO. 597 OF 2026

Rutik Alias Banty Devanand Londhe … Applicant
Versus.
The State of Maharashtra & Anr. … Respondents

-------
Mr. Piyush Toshnival (through V.C.) with Nilabh Toshnival,
Abhishek Jare and Aarya V. Ambulkar i/by Ashish Pawar for
the Applicant.
Mr. Anand S. Shalgaonkar, APP for the State.
B. P. Sabale, Head Constable, Phaltan City Police Station, is
present.

-------
CORAM : ASHWIN D. BHOBE, J.

DATED : SEPTEMBER 21, 2026
P.C.:

1. Heard, Mr. Piyush Toshnival, learned Advocate for the Applicant

and Mr. Anand S. Shalgaonkar, learned APP for the State.

2. By the present Application, the Applicant seeks regular bail under

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in

connection with Crime No. 222 of 2021, dated 17th May 2021,

registered with Phaltan City Police Station, District Satara, for offences

punishable under Sections 392, 394 and 120(B) read with Section 34

of the Indian Penal Code, Section 3(25) of the Arms Act, and Sections

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51 - BA - 597 - 2026.doc

3(1)(ii), 3(2) and 3(4) of the Maharashtra Control of Organised Crime

Act, 1999.

3. Mr. Piyush Toshnival, learned Advocate for the Applicant, states

that there are five (5) accused in Crime No. 222 of 2021 and the

Applicant is Accused No. 2. He states that Crime No. 222 of 2021 is

registered as Special (MCOCA) Case No. 25 of 2024 and is pending

before the Additional Sessions Judge, Phaltan (Trial Court).

4. Mr. Piyush Toshnival, learned Advocate for the Applicant, submits

that the Applicant seeks bail on the ground of parity. He states that

Accused No. 3 (Sanket Jadhav), against whom the allegations are

similar and identical to those made against the Applicant, was released

on bail by this Court on 6th May 2026 in Criminal Bail Application No.

343 of 2026 (pages 454 to 457). He further submits that Accused No. 5

(Dilip Khude) was released on bail by this Court on 3 rd August 2026 in

Criminal Bail Application No. 493 of 2026 and Accused No. 4 (Raju @

Raj Ram Boke) was released on bail by this Court on 3 rd March 2025 in

Criminal Bail Application No. 2673 of 2024.

5. Mr. Anand S. Shalgaonkar, learned APP for the State, submits that

the allegations and the involvement of the Applicant (Accused No. 2) in

Crime No. 222 of 2021 are similar to those made against Sanket Jadhav

(Accused No. 3). He therefore submits that the Applicant's Application

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51 - BA - 597 - 2026.doc

can be considered on the ground of parity.

6. Perused the record with the assistance of the learned Advocates.

7. The complaint filed by the Complainant-Informant (Uttara

Pawar) refers to the accused as unknown persons. The supplementary

statement filed by the Complainant-Informant (Uttara Pawar) on 1 st

August 2021 refers to the Applicant. A perusal of the supplementary

statement prima facie indicates that the allegations against the

Applicant and Accused No. 3 are similar. On the said facts, Accused No.

3 (Sanket Jadhav) has been released on bail by this Court.

8. No material on record indicates any distinguishing circumstances

warranting a different view in the case of the Applicant. Mr. Piyush

Toshnival, learned Advocate for the Applicant, would therefore be

justified in seeking bail on the ground of parity.

9. In view of the above, this Application is allowed on the following

terms:

(i) The Applicant in Crime No. 222 of 2021 dated 17th May

2021 registered with Phaltan City Police Station, District Satara,

shall be released on bail upon furnishing a P.R. bond of Rs.

50,000/- (Rupees Fifty Thousand only) with one or two sureties

in the like amount, to the satisfaction of the Additional Sessions

Judge, Phaltan in Special (MCOCA) Case No. 25 of 2024.

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51 - BA - 597 - 2026.doc

(ii) The Applicant shall not, directly or indirectly, make any

inducement, threat or promise to any person acquainted with the

facts of the case to dissuade that person from disclosing the facts

to the Court or any police officer. Applicant shall not tamper with

evidence in any manner.

(iii) The Applicant shall within three (3) days of his release,

provide the Investigating Officer at Phaltan City Police Station,

District Satara, with his residential address and proof thereof, his

contact number and must inform the Investigating Officer of any

changes to this information from time to time.

(iv) The Applicant shall regularly appear before the Trial Court

in Special (MCOCA) Case No. 25 of 2024, unless exempted from

appearing. If the Applicant absents himself from appearing

before the Trial Court on the date fixed, the same would be

considered a breach of condition and the Trial Court would be at

liberty to pass appropriate orders.

10. Bail Application No.597 of 2026 is allowed and disposed of.

(ASHWIN D. BHOBE, J.)

VRJ 4

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