Akash Ramesh Tak v. State Of Maharashtra

31-BA-1022-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1022 OF 2022 Akash Ramesh Tak ...

Applicant

Versus

State of Maharashtra ...

Respondent .........

Mr. Vivek Punjabi alongwith Ms. Kinnari Mehta for the Applicant. Mr. S.S. Hulke, APP for the State.

PSI G.K. Gawli, Bhadrakali Police Station, present. .........

CORAM : N.R. BORKAR, J.

DATED : 3 JANUARY 2023 P.C. :- .

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail.

2.

The applicant came to be arrested in Crime No. 47 of 2021 registered at Bhadrakali Police Station, Nashik for the offences punishable under Sections 302, 307, 120-B, 143, 147, 149 of Indian Penal Code, Sections 4 r/w. 25 of the Arms Act, Section 135 of the Maharashtra Police Act and Sections 3(1),(i),(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crime Act, 1999.

3.

I have heard the learned Counsel for the applicant and the Kanchan P Dhuri 1 / 2

31-BA-1022-2022.odt learned APP for the State.

4.

The learned Counsel for the applicant submits that the trial Court has discharged the present applicant from the offences punishable under the Maharashtra Control of Organized Crime Act, 1999. The learned APP has not disputed the said fact.

5.

As regards, the alleged incident of murder, the learned Counsel for the applicant has pointed out the cross FIR. It is submitted that in the alleged incident the applicant was also assaulted and he was indoor patient for about one month. The learned APP has not disputed this fact also. Considering the facts and circumstances of the case, I am inclined to release the applicant on bail. Hence, the following order is passed :

(i) Application is allowed.

(ii) The applicant - Akash Ramesh Tak be released on bail in Crime No. 47 of 2021 registered at Bhadrakali Police Station, Nashik for the offences punishable under Sections 302, 307, 120-B, 143, 147, 149 of Indian Penal Code, Sections 4 r/w. 25 of the Arms Act, Section 135 of the Maharashtra Police Act and Sections 3(1),(i),(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crime Act, 1999 on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date:

2023.01.19 14:07:16 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2