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Bombay High CourtBA/670/2023allowed

Gaurav Nandu Pagare v. The State Of Maharashtra

2023-09-25Hon'Ble Shri Justice M. S. Karnik3 pages

2023:BHC-AS:28094

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 670 OF 2023 GAURAV NANDU PAGARE ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. Chetan S. Damre for the Applicant.

Ms. Rutuja Ambekar, APP for the State.

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

DATE : SEPTEMBER 25, 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 307, 301 read with 34 of the Indian Penal Code registered on 19/03/2022 vide C.R. No.105 of 2022 with Dindori Police Station, District Nashik. 3.

The applicant was arrested on 20/03/2022. It is alleged that the applicant assaulted the informant with a sickle. The informant suffered 6 injuries out of which 5 injuries were not on the vital part of the body. There is one 1/3

injury CLW 8cm x 2cm x 1cm on the right side of the neck of the victim.

4.

Learned APP opposed the application.

5.

The applicant was 19 years of age on the date of the incident. The applicant now is in custody for more than 1 year and 6 months. The trial is likely to take a long time to conclude. The investigation is complete and the chargesheet has been filed. There are no criminal antecedents reported against the applicant. Further custody of the applicant may not be necessary. However, considering the nature of the accusations, certain conditions need to be imposed. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant- Gaurav Nandu Pagare in connection with C.R. No. 105 of 2022 registered with Dindori Police Station 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 is permitted to furnish cash bail surety in the sum of Rs. 25,000/- for a period of 6 weeks in lieu of surety.

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(d) The applicant shall attend the Investigating Officer of Dindori police station once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.

(e) 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.

(f) 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.

(g) Except for the purpose of reporting to the Investigating Officer, the applicant shall not enter in the jurisdiction of the Dindori Police Station after being released on bail, till the trial concludes.

6.

The application is disposed of.

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