Babal @ Ghanshyam Rammurti Yadav v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.624 OF 2017 Bablu @ Ghanshyam Rammurti Yadav .... Applicant versus State of Maharashtra ... Respondent .......

• Mr.Omprakash Pandey, Advocate for the Applicant. • Mr.R.M. Pethe, APP for the State/Respondent.

CORAM

: A.S.GADKARI, J.

DATE : 27th APRIL, 2017.

P.C. :

1.

This is an application u/s 439 of Cr.P.C. for bail in C.R.No.297/16 dated 19/08/2016 registered with Kasturba Marg Police Station for the offences punishable u/s 307, 506(II) of the Indian Penal Code.

2.

It is the case of prosecution that due to some earlier quarrel, the applicant assaulted the injured witness namely Akash Singh with scissor. The First Information Report is lodged by Master Vikas Ramakant Malla. During the course of investigation, the applicant is arrested on 20/08/2016. The police have recovered the scissor used in the offence from the

2 / 3 applicant. After completion of the investigation, the police have submitted charge-sheet.

3.

The record prima facie reveals that the applicant was not known to the informant and has been identified by him on the next date in the police station as the person who inflicted the blow of scissor on the stomach of the injured witness Akash Singh. The medical certificate issued in favourof Akash Singh as CLW 2.5 x 1.5 x 2 cm, right side of umbilicus is grievous. Prima facie it appears that the injury caused to Akash Singh was not of such a nature which would endanger his life.

4.

As stated earlier the applicant is arrested on 20/08/2016 and since then he is in jail. It is informed that there are no antecedents on the discredit of the applicant. 5.

In view thereof,t he applicant can be released on bail. Hence the following order:

(i) The applicant be released on bail in C.R.No.297/16 dated 19/08/2016 registered with Kasturba Marg Police Station, Mumbai, on his furnishing P.R. Bond of Rs.25,000/- with one or two solvent local sureties in the like amount.

3 / 3 (ii) After his release from jail, the applicant shall attend the Kasturba Marg Police Station, Mumbai, once in three months on every First Monday of the said month between 11.00 a.m. to 02.00 p.m.

(iii) The applicant shall attend all the dates before the trial Court.

(iv) Any two consecutive defaults will attract the provisions of cancellation of bail.

(v) The applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

6.

The application is allowed in the aforesaid terms. (A.S.GADKARI, J.)