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Bombay High CourtBA/1914/2021disposed off

Rakesh Kumar Kapil Dev Singh v. The State Of Maharashtra

2021-05-28Hon'Ble Shri Justice Nitin W. Sambre3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1914 OF 2021 Rakesh Kumar Kapil Dev Singh .... Applicant Vs.

The State of Maharashtra .... Respondent Mr. Gaurav Parkar for the Applicant.

Mr. H.J. Dedhia, APP for the State.

Coram : NITIN W. SAMBRE, J.

Date : 28TH MAY, 2021 (VACATION COURT) P.C.:

1] The applicant came to be arrested on 01/04/2021 in Crime No.54 of 2020 registered at Murud Police Station for the offences punishable under Sections 302, 120-B read with Section 34 of the Indian Penal Code.

2] There are six accused and Applicant is arraigned as Accused No.6. The prosecution story is, all the accused persons alongwith the deceased were working in Medical Core Division of the Army at

2/3 Pune and went for pleasure trip in Konkan i.e. at Kashid Beach District Raigarh whereat deceased died of drowning. The prosecution claims that the Accused No.5 has taken hand-loan from husband of the complainant and same was the basis for attributing mensrea against the Applicant for the offence of murder. 3] I have perused the material available on record and also heard the learned APP. I am informed that Accused Nos. 1 to 5 are ordered not to be arrested, under Section 438 of the Criminal Procedure Code in Special Leave to Appeal (Crl.) No.2940-2941 of 2021 on 08/04/2021.

4] Apart from above custodial interrogation of Accused No. 5 is almost over and investigation to the extent of Applicant, I am informed, to be completed within fortnight as chargesheet against the Applicant will be filed within two weeks. 5] In that view of the matter, case for grant of bail is made out.

3/3 6] The Applicant is directed to be released on bail in connection with C.R. No.54 of 2020 registered with Murud Police Station on executing P. R. Bond in the sum of Rs.15,000/- with one or more sureties in the like amount. Applicant shall not try to influence the witnesses or tamper with the evidence. If noticed, prosecution will be entitled to move for cancellation of the bail of the Applicant. The applicant shall furnish the details of his residence after he is released on bail to the Investigating Officer.

( NITIN W. SAMBRE, J. )