Omprakash Prajyot Kandare v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE - CRIMINAL BAIL APPLICATION NO.12 OF 2015 Omprakash Prajyot Kandare .... Applicant Vs.

The State .... Respondent Mr. R.V. Gupta for the Applicant.

Ms A.T. Javeri, APP, for the RespondentState. CORAM: P.D. KODE, J.

DATED: JANUARY 16, 2015 P.C:

1.

The prayer for bail made by the applicant, arrested by Ulhasnagar Police Station, District Thane in connection with Crime No.I-278 of 2014 for offences under Sections 307, 341, 143, 147 and 149 of the IPC on 28-10-2014 and since then in custody, is objected by learned APP on the ground that involvement of the applicant is borne from

statement of the victim and two more witnesses; the offences are of serious nature; there exists previous rivalry in between the parties and the applicant is having criminal antecedents. Though the application is objected, still having due regard to the fact that injured is said to have been discharged after six days' hospitalization; the offences for which the crime is registered being not exclusively punishable with death or imprisonment for life; and the apprehension of the learned APP that prosecution evidence would be tampered or there is likelihood of similar incident being committed by the applicant if released on bail, can be taken care of by imposing suitable conditions, and the say filed by the prosecution revealing that investigation is practically complete, the prayer for bail will deserve consideration by seeking heavy bail and imposing certain strict conditions.

2.

Resultantly, the application is allowed. The applicant is directed to be released on bail in above said crime number on furnishing P.R. Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one or two sureties to make up like amount and subject to conditions that after his release the applicant shall (i) not enter the area of Ulhasnagar City without permission of trial Court; (ii) inform his place of abode to the I.O. and shall attend the local police station for said area on every Monday in between 11:00 a.m. to 1:00 p.m. for a period of three months and thereafter on every first Monday until further orders; (iii) not indulge in activity of tampering, threatening, coercing, intimidating or pressurizing the prosecution witnesses in any manner; and (iv) not misuse the bail granted vide this order for fleeing away or for committing any further

offence.

3.

The application accordingly stands disposed of.

(P.D. KODE, J.)