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B.A.475/24
MHCC020032292024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.475 OF 2024
Swapnil Bombale s/o Babaji Bombale
Age 24 years, Occ – Welder
R/o Vetane, Rajguru Nagar,
Taluka – Khed, Dist. Pune
….Applicant
– Versus The State of Maharashtra
(At the instance of Wadala Police Station
vide CR.No. 205/2023)
… Respondent
Appearance :Advocate R.G. Gadgil for the applicant.
A.P.P. Iqbal Solkar for the respondent / State.
CORAM : RAJESH A. SASNE
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 06/03/2024
ORDER
This is an application filed by the accused u/sec.439 of
Criminal Procedure Code for releasing him on bail in connection with
CR.No.205/2023 registered with Wadala Police Station Mumbai for the
commission of offences punishable u/sec.370, 363, 328, 511, 34 of the
Indian Penal Code,1860 and Section 84, 87 of Juvenile Justice (Care
and Protection) Act.

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2.

B.A.475/24
It is alleged by the applicant / accused that he is innocent
and falsely implicated in the present case. The applicant is in custody
since 21.11.2023, he has fully co-operated to the investigating officer.
The applicant is the only earning member of his family. He has
undergone custodial interrogation. Nothing is to be seized or recovered
from the possession of the accused. There is no criminal antecedents
against him. The applicant / accused is permanent resident of his given
address. Therefore, there is no point in keeping accused behind bars till
conclusion of trial. Therefore he prayed for releasing him on bail.
3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if the accused is
released on bail it will affect the collection of evidence. There is
material against the applicant / accused. If accused is released on bail
he will flee away from the justice. There is material evidence to show
the involvement of the accused in the present crime. If the accused is
released on bail there are chances of threatening of prosecution
witnesses and tampering of prosecution evidence. Hence, prosecution
prayed for rejection of the application.
4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant, and ld. APP for the State.
5.

It is the case of the prosecution that the informant Smt.

Suman Chourasiya lodged report that on 20.11.2023, her two children
were playing in the open space near the house. After some time she
found that her elder son Akash was there but younger son Vikas was not
there. Therefore, she started to search Vikas. One Reshma Patil who is
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B.A.475/24
residing in the vicinity stated to her that her son Vikas was with coaccused Sanika and she was forcefully taking him away. Therefore, the
informant made phone call to accused Sanika who is also residing in the
same vicinity. The said accused informed her that she is at college and
Vikas is not with her. At about 2.30 p.m. the informant with her
husband visited the police station to lodge report. When the informant
and the police was in search of Vikas, one phone call was received to
the police informing that somebody has come to the police station with
Vikas. When the informant came to the police station, she found that
one person Shivaji Kamble and another person namely Shakil Shaikh
came with Vikas. They informed that Sanika handed over Vikas to them
and asked them to took Vikas to the police station. Therefore, police
called Sanika to the police station. She informed that one Mr. Pawan
Pokharkar with whom she is acquainted had called her to bring a boy
having age of 10 years and he will pay her Rs.2 lakhs. She also stated
that she took Vikas to Kalyan. Accordingly report is lodged and offence
is registered under aforesaid sections.
6.

According to the prosecution the accused Sarthak is a
friend of Pawan Pokharkar. Said Pawan Pokharkar is the friend of
Sanika Waghmare. The accused Pawan informed to the police that
Sarthank had asked him to kidnap a child. According, to the prosecution
applicant / accused Swapnil Bomble asked the accused Sarthak to
kidnap the child and said applicant Swapnil will pay Rs.2 lakhs to him.
The applicant Swapnil also informed that one Nitin made demand for
the child and said Nitin offered him Rs.6 lakhs for the said kidnapping.
Sarthak alongwith the applicant Swapnil Bomble had been in the car to
Kalyan at the time of said kidnapping. According to the prosecution
main accused is Sanika Waghmare who has actually kidnapped the
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B.A.475/24
child. According to the prosecution during the investigation it was
found that the present applicant / accused was found with accused
Pawan Pokharkar. It is the contention of the prosecution that the
applicant Swapnil placed demand for requirement of mall child and
offered Rs.2 lakhs for the same. The record shows that the accused
Sarthak, accused Sanika, accused Pawan are already released on bail.
On the ground of parity the applicant is entitled for released on bail.
Charge sheet is filed, Investigation is completed. Further incarceration
of the accused is not required. Therefore, he is entitled for the bail. In
the result, I pass the following order :
ORDER
1.

Criminal Bail Application No.475 of 2024 is allowed.

2.

The Applicant / Accused Swapnil Bombale s/o Babaji Bombale,
arrested in C.R.No.205/2023 under Section 370, 363, 328, 511, 34 of
the Indian Penal Code,1860 and Section 84, 87 of Juvenile Justice (Care
and Protection) Act registered with Wadala Police Station, Mumbai be
released on bail on furnishing P.B. and S.B. of Rs.25,000/- with one or
two sureties.
3.

The applicant / accused shall not tamper with the prosecution
witnesses and evidence in any manner.
4.

The applicant / accused shall attend the dates of hearing before
the trial court strictly unless exempted.
5.

Provisional cash bail in the like amount is allowed. The accused
shall furnish surety within 4 weeks from the date of release from jail
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B.A.475/24
failing which the cash bail shall stand forfeited without any separate
order to that effect.
6.

The applicant / accused shall not leave India without prior
permission of the Court.
7.

Bail before the concern Magistrate.

Date : 06/03/2024
Dictated on
Transcribe on
Signed by HHJ on
: 06.03.2024
: 07.03.2024
: 11.03.2024
( RAJESH A. SASNE)
Additional Sessions Judge,
Gr. Mumbai.

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B.A.475/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
11/03/2024
5.15 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri.
Room No.)
R.A. SASNE, Court Room No. 30.
Date of Pronouncement of ORDER 06/03/2024
ORDER signed by P.O. on
11/03/2024
ORDER uploaded on
11/03/2024