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Bombay High CourtBA/1764/2021disposed off

Umesh Deepak Makhija v. The State Of Maharashtra

2021-12-06Hon'Ble Shri Justice Nitin W. Sambre2 pages

(30)-BA-1764-21.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1764 OF 2021 Mr. Umesh Deepak Makhija ..Applicant

Versus

The State of Maharashtra ..Respondent Mr. Satyam H. Nimbalkar a/w Mr. Sudeep Deshmukh, Advocates for the Applicant.

Mrs. J. S. Lohokare, APP for the Respondent - State. Mr. Karadkar, PI, Hill Line Police Station - present. CORAM : NITIN W. SAMBRE, J.

DATE : 6th DECEMBER, 2021 P.C.

1.

Applicant was arrested on 28th August, 2020 and chargesheeted for an offence punishable under Section 364A, 201, 120B r/w 34 of IPC.

2.

Allegations against the applicant are that, he along with co-accused with common intention kidnapped the complainant for ransom. If is further alleged that conspiracy was hatched by the applicant along with co-accused and the evidence of crime was destroyed.

3.

Prayer for bail is opposed by the learned APP on the ground that there is strong evidence available on record and the offence is serious one punishable with life.

BGP.

(30)-BA-1764-21.doc.

4.

I have considered the submissions.

5.

Applicant has already suffered incarceration for more than one year. There are no criminal antecedents against the applicants and he is very much available to face the trial. 6.

Even if applicant is identified by the complainant and counsel for the applicant has claimed technical defects while conducting identification parade, this Court is not required to appreciate the same. Suffice it to say that the applicant is very much available for facing prosecution and there are no criminal antecedents, applicant be released on bail in Crime No.220 of 2020 registered with Hill Line Police Station for the offence punishable under Sections 364A, 201, 120B r/w 34 of IPC on executing P. R. bond of Rs.25,000/- with one local surety in the like amount. 7.

Applicant shall attend the police station in first two weeks of English calender of each month till the conclusion of trial. 8.

Applicant shall neither influence the witnesses in any manner nor tamper with the evidence.

BALAJI GOVINDRAO PANCHAL [NITIN W. SAMBRE, J.] BALAJI GOVINDRAO PANCHAL Date: 2021.12.07 09:56:39 +0530 BGP.