Onkar Jalindar Bendre v. The State Of Maharashtra

2023:BHC-AS:28464

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.452 OF 2023 ONKAR JALINDAR BENDRE ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Jaydeep D. Mane for the applicant.

Mr. A. A. Palkar, APP for the State.

Mr. Nitin Tanaji Jadhav, PSI, Bharti Vidyapeeth Police Station, Pune.

------------ CORAM : M. S. KARNIK, J.

DATE : SEPTEMBER 27, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under Sections 364, 323, 143, 147, 504, 506 of the Indian Penal Code (hereafter 'IPC' for short) registered on 12.07.2022 vide C.R. No.456 of 2022 with Bharti Vidyapeeth Police Station, Pune.

3.

The applicant is the accused no.4. The applicant was arrested on 12.07.2022 and is now in custody for more than one year and two months. The informant is working as a 1/3

waiter in a hotel. Five accused were sitting on one table in the hotel. They quarreled with some other persons sitting on another table. When the informant called upon the accused to pay the bill, the accused refused to pay the bill and started assaulting the informant. The informant was forcefully taken along with the accused in their car which proceeded towards Mumbai. The informant was assaulted with fist and kick blows in the car and after some time was asked to get down. The applicant is the accused No.4. the applicant has not been identified in the test identification parade. The investigation is complete and the charge-sheet has been filed. The trial Court's order rejecting the application for bail of the applicant records that one offence is registered against the applicant. In the facts and circumstances of the present case and as the applicant is in custody for more than one year and two months, I am inclined to enlarge the applicant on bail. The applicant is a young boy of 23 years of age. Hence, the following order :-

O R D E R

(a) The application is allowed.

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(b) The applicant-Onkar Jalindar Bendre in connection with C.R. No.456 of 2022 registered with Bharti Vidyapeeth Police Station, Pune shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.

(c) The applicant shall attend the Investigating Officer of Bharti Vidyapeeth Police Station, Pune once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence. (e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

4.

The application is disposed of.

(M. S. KARNIK, J.) 3/3