Bombay High Court

RAMESHWAR SITARAM KALEversusTHE STATE OF MAHARASHTRA

Disposal: APPLICATION ALLOWED
Bench: SHAILESH P BRAHME

Holding

The court granted bail, holding that the absence of any incriminating material or identification of the applicant makes continued detention unjustified.

Summary

The High Court of Bombay (Aurangabad Bench) considered a bail application filed by Rameshwar Kale, who was arrested in connection with an alleged abduction and robbery under Sections 140(3), 309(6), 124(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The FIR named four accused, but the applicant was not identified in any investigation and no identification parade was conducted. The prosecution argued that the applicant was present in the vehicle used during the abduction, citing call‑data records, while the defence contended that there was no material linking him to the crime and that the co‑accused Santosh Pawar, the prime suspect, had already been released on bail. The court observed that the investigation had not produced any incriminating evidence against the applicant and that the lack of an identification parade weakened the prosecution’s case. Consequently, the court found that the applicant’s continued detention was unwarranted and ordered his release on bail with standard conditions. The bail was granted pending further investigation and filing of the charge‑sheet.

Issues considered

What is the adequacy of the material evidence against the applicant to justify denial of bail?
Does the absence of an identification parade and lack of incriminating evidence warrant the grant of bail despite ongoing investigation?
Are the conditions imposed under the Bharatiya Nyaya Sanhita, 2023 sufficient to ensure the applicant's cooperation with the investigation?

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 124(2), 140(3), 309(6), 3(5)

Subjects

bail
criminal procedure
identification parade
abduction
robbery
Bharatiya Nyaya Sanhita
presumption of innocence
investigation

Judgment

2026:BHC-AUG:19940
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

32 BAIL APPLICATION NO. 713 OF 2026

Rameshwar S/o Sitaram Kale,
Age : 37 years, Occu. : Service,
R/o : At Post Bazar Wahegaon,
Badnapur .. Applicant

Versus

State of Maharashtra,
Through Incharge Officer,
MIDC CIDCO Police Station,
Aurangabad .. Respondent

…
Advocate for applicant : Dr. Anagha N. Pedgaonkar
APP for respondent – State : Mr. C.V. Bhadane

CORAM : SHAILESH P. BRAHME, J.

DATE : 30.04.2026

PER COURT :

Heard both sides.

2. The applicant is seeking enlargement on bail in connection with Crime
No.93 of 2026, registered with MIDC CIDCO Police Station, Dist. Chhatrapati
Sambhajinagar (Urban) for the offences punishable under Section 140(3). 309(6),
124(2), 3(5) of Bharatiya Nyaya Sanhita, 2023.

3. The FIR is lodged against four persons including the applicant. He was
arrested on 19.02.2026. The investigation is underway. In this backdrop, this
Court is dealing with the application for regular bail.

4. It is reported to the Police that informant had been to his agricultural field
on 15.02.2026 which is situated at Chikalthana and while returning home after
11.30 am, he was being abducted by unidentified persons. He was taken to
unknown place through his own car by masking the eyes. He is alleged to have

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been threatened, assaulted and tied by the rope. He was being demanded
money. The cash and golden ring was snatched from him. He was being asked
indiscriminate questions regarding his property disputes and the Court matters.
Thereafter, he was dropped at Kingaon Chaufuli, Tq. Badnapur and the accused
fled away. The cash amount of Rs.800/- and a golden ring worth Rs.40,000/-
have been stolen from him.

5. Learned counsel for the applicant submits that her client is falsely
implicated in the offence. Applicant has not been identified during the course of
investigation. No test identification parade is conducted since his arrest. One of
the co-accused – Santosh who is the prime suspect, has been released on bail by
the Sessions Court. No material is collected to show involvement of the applicant.
The investigation is on the verge of filing of the chargesheet.

6. Learned APP repels the submissions, mainly on the ground that
investigation is underway. It transpired from the investigation that applicant was in
a Ertiga car and following the car in which informant was being abducted. He was
monitoring the overt act. The CDR would indicate active participation of the
applicant.

7. FIR is lodged against unidentified persons. One of the co-accused
Santosh Pawar, has already been released on bail by the Sessions Court. He is
said to have received the contract of abduction. Prima facie, no incriminating
material is pointed by the respondent against the applicant.

8. The applicant was arrested on 19.02.2026. There was ample time with the
Investigating Officer to conduct identification parade but same has not been done.
The complicity of the applicant can be examined on the basis of CDR during the
course of trial. No recovery is reported at the instance of the applicant.

9. The implication of the applicant, appears to be due to his friendship with
Laxmanrao Pawar, who is at the loggerhead with the informant. There is no
material to show use of any acid. No material is collected to show that applicant
was monitoring the abduction and following the car of the victim. I find that case
is made out to enlarge the applicant on bail.

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10. I, therefore, pass the following order :-

I] The Bail Application is allowed.

II] The applicant shall be released on bail in connection with Crime No.93 of
2026, registered with MIDC CIDCO Police Station, Dist. Chhatrapati
Sambhajinagar (Urban) for the offences punishable under Section 140(3). 309(6),
124(2), 3(5) of Bharatiya Nyaya Sanhita, 2023, on following conditions:

(a)The applicant shall furnish P.R. bond of Rs.40,000/- (Rs.
Forty Thousand only) with one solvent surety of like amount.

(b) The applicant shall desist from indulging in such type of
activities.

(d)The applicant shall furnish his mobile/cell number and
address to the investigating officer.

(e) The applicant shall co-operate for expeditious disposal of
the trial.

(f) The applicant shall surrender Adhaar / PAN Cards, if any, to
the Investigating Officer.

(g) The applicant shall make himself available as and when
called by the Investigating Officer, till filing of the chargesheet.

(SHAILESH P. BRAHME),
JUDGE

arp/-

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