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Bombay High Court
Rajesh S/O Awadhut Thombre vs State Of Maharashtra Thr Pso., Ps ... on 8 April, 2026
1 31 BA 391.26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (BA) NO. 391/2026
(Rajesh S/o Awadhut Thombre Vs The State of Maharashtra)
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. P.V. Navlani, Advocate for applicant.
Mr. A. A. Madiwale, APP for non-applicant/State.
CORAM: M. M. NERLIKAR, J.
DATED : 08/04/2026.
Heard.
2. By this application, the applicant is seeking regular
bail in connection with Crime No. 550/2025 registered
with Police Station Yavatmal, Dist. Yavatmal for the
offence punishable under Sections 309(4), 310(2), 61(2),
3(5) of Bharatiya Nyaya Sanhita, 2023.
3. Brief facts of the prosecution story are that on
13.05.2025 when informant took an amount of
Rs.7,00,000/- from Head Post Office, Yavatmal ro be taken
to Babulgaon and kept the said amount in his two wheeler
Activa (dikky) and was heading towards Karadgaon Ghat
in front of Chiddawar Construction, at that time it is
alleged that two unknown persons with covered faces
obstructed him by showing knife and forcibly took keys of
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the vehicle along with the bag of cash from him and ran
away. On the basis of the said report, FIR was registered.
4. The learned counsel for the applicant submits that
the applicant has not committed any offence. He submits
that two persons who have looted the postmaster, their
faces were masked. There is nothing on record to show
that the applicant is the same person who has committed
the offence. He submits that according to prosecution, two
persons have robbed the postmaster and out of two,
applicant is one of them. It is not clear on what basis the
applicant was identified in the identification parade, when
his face was masked, therefore the entire story of the
prosecution is concocted. He further submits that though
the recovery of knife and recovery of cash amount of
Rs.3,09,000/- was made from the applicant, however it is
not clear whether the postmaster was carrying the same
amount which was recovered from him. He submits that
without there being any identification of the amount, the
applicant has been falsely implicated and even the recovery
of amount from the applicant would be of no use. There is
no criminal antecedent against the applicant, therefore
applicant submits that he be granted bail.
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5. On the other hand, the learned APP submits that
the applicant and other persons namely Piyush Kawle
hatched the conspiracy. In the first information report the
informant disclosed that if the accused persons are brought
before him, he can identify them and accordingly he
identified theme, therefore the investigation was carried
out and on the basis of the secret information, the
applicant and other co accused persons were arrested.
Therefore, the most incriminating circumstance according
to APP is recovery of cash amount of Rs.3,09,000/- as well
as knife from the applicant. Therefore according to APP,
recovery of amount and identification parade are sufficient
material against the applicant. He submits that considering
the seriousness of the offence, the applicant may not be
released on bail
6. I have considered the rival submissions. It appears
from the first information report that on 13/05/2025, the
informant was carrying cash amount of Rs.7,00,000/-on
his Activa moped. He collected the cash amount of
Rs. 7,00,000/- from Head Post Office, Yavatmal and while
going towards Babulgaon by Active, near Karadgaon Ghat,
he was apprehended by the applicant and one another
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unknown person. He was asked to hand over the cash.
When the informant declined, they snatched the key from
him and took out the said cash from dicky of Activa and
ran away from the spot. The first information report
further reveals that the unknown persons had masked their
faces. During investigation, the applicant along with four
other persons are implicated in the crime on secret
information and accordingly the applicant was arrested.
Thereafter, there was recovery of amount of Rs. 3,09,000/-
along with the knife from the applicant. It is necessary to
mention at this juncture that when the offence was being
committed the applicant had masked his face, therefore it
is very difficult to say on what basis the applicant was
identified by the informant. It is to be noted that though
there is recovery of cash amount, however that by itself is
not sufficient. In view of the fact that there are no criminal
antecedents against the applicant and further the
investigation is over and charge sheet is filed, I am inclined
to grant bail, hence following order:-
ORDER
(i) Criminal application is allowed and disposed of.
(ii) The applicant/accused Rajesh S/o. Awadhut
Thombre be released on bail in connection with Crime
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No. 550/2025 registered with Police Station Yavatmal City,
Dist. Yavatmal for the offence punishable under Sections
309(4), 310(2), 61(2), 3(5) of Bharatiya Nyaya Sanhita,
2023 on his furnishing P.R. Bond of Rs. 25,000/- with one
surety in the like amount.
(iii) The accused shall not directly or indirectly make
any inducement, threat or promise to any person
acquainted with the facts of the case, as also shall not
tamper with the evidence.
(iv) The accused shall provide his residential address
and cell number to concerned Police Station and shall not
change his place of residence without prior intimation to
the concerned Investigating Officer.
(v) The applicant/accused shall attend each and every
date of trial regularly. If he fails to attend the trial for two
consecutive dates or fails to comply with the aforesaid
conditions, his default would entail the State to ask for
cancellation of bail.
7. The observation of this Court are prima facie in
nature and are only limited to this application. The Trial
Court shall not be influenced by the aforesaid observations.
( M. M. NERLIKAR, J.)
Gohane
Signed by: Mr. J. B. Gohane
Designation: PS To Honourable Judge
Date: 08/04/2026 18:16:35
