Narsing Gopal Gaikwad v. The State Of Maharashtra

72-BA-1312-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1312 OF 2022 Narsing Gopal Gaikwad ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Mr. Aniket Nikam alongwith Mr. Amit Icham instructed by Mr. Piyush Toshnival for the Applicant.

Mr. P.H. Gaikwad Patil, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 9 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. 239 of 2021 registered at Aalandi Police Station, for the offence punishable under Sections 302, 307 r/w. 34 of Indian Penal Code. 3.

I have heard the learned Counsel for the applicant and the learned APP for the State and perused the charge-sheet. 4.

According to the prosecution, about six years prior to the Kanchan P Dhuri 1 / 2

72-BA-1312-2022.odt incident, which took place on 23 October 2021, the deceased had eloped with the wife of the elder brother of the present applicant. It is alleged that the present applicant and other co-accused, thus committed the murder of the deceased as they were annoyed with him.

5.

I have perused the statements of eye-witnesses. According to the eye-witness, the present applicant assaulted the deceased by fist and kick blows. Considering the overall facts and circumstances of the case, I am inclined to release the present applicant on bail. Hence, the following order is passed :

(i) Application is allowed.

(ii) The applicant - Narsing Gopal Gaikwad be released on bail in Crime No.239 of 2022 registered at Alandi Police Station, for the offence punishable under Sections 302, 307 r/w. 34 of Indian Penal Code 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: 2023.02.07 14:21:27 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2