Rohit Ashwind Singh v. The State Of Maharashtra

Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 846 OF 2018 Rohit Ashwind Singh ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. S. S. Mishra, for the Applicant.

Smt. A. A. Takalkar, APP for the State/Respondent. Mr. Andhale, API, Manpada Police Station.

Santosh Subhash Kulkarni Santosh Subhash Kulkarni Date: 2018.07.16 17:13:51 +0530

CORAM:

A. S. GADKARI, J DATED:

11th JULY, 2018 PC:- 1.

This is an application under Section 439 of Cr.P.C. for bail in CR No.619 of 2017, dated 2nd November, 2017, registered with Manpada Police Station, Dombivli, Dist. Thane, under Sections 395, 341, 120(B), 323 and 504 of Indian Penal Code.

Heard the learned Counsel for the Applicant and the learned APP. Perused the charge-sheet.

2.

As per the charge-sheet, the applicant is accused no.8.

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It is the prosecution case in brief that, on 2nd November, 2017, at about 2.00 am., the applicant along with other accused persons waylaid a car bearing No. MH43/D-9304 on Kalyan-Shil road and committed robbery of the valuables from the person of the driver of the said car. The mobile patrol vehicle of police was alerted and thereafter four accused persons were arrested by the police. During the course of investigation, the applicant came to be arrested on 3rd November, 2017 and after completion of investigation police have submitted charge-sheet. 3.

The material in the form of statements available as against the applicant is the statement of the accused recorded under Section 27 of the Evidence Act, wherein the said co-accused has disclosed participation of the applicant in the present crime. The record further indicates that the applicant has not been identified by any of the witnesses as the person who indulged in commission of the present crime.

4.

In view of the above, the applicant can be released on bail.

Hence the following order.

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(i) The Applicant be released on bail in CR No.619 of 2017, dated 2nd November, 2017, registered with Manpada Police Station, Thane, under Sections 395, 341, 120(B), 323 and 504 of Indian Penal Code, on his furnishing P.R. bond of Rs.25,000/- with one or two solvent local sureties in the like amount.

(ii) The Applicant is directed to attend the Manpada Police Station, Thane, on every first Monday of the month between 11.00 am. to 1.00 pm. till conclusion of trial.

(iii) The Applicant shall attend all the dates in the Trial Court.

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

5.

Application is allowed in aforesaid terms.

[A. S. GADKARI, J.] 3/3