Rohit Sunil Kagada v. The State Of Maharashtra

BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2137 OF 2021 BHARAT DASHARATH PANDIT Date: 2021.09.28 19:22:10 +0530 Rohit Sunil Kagada ....Applicant V/s The State of Maharashtra .....Respondent ---- Mr. Sunny Waskar i/b Mr. Dilip R. Gupta for the Applicant. Mrs. Rutuja Ambekar, APP for the Respondent/State. CORAM: NITIN W. SAMBRE, J.

DATE: SEPTEMBER 27, 2021 P.C.:- 1] Applicant is seeking regular bail, having arrested on 7/1/2021 in Crime No.7 of 2021 registered with Kandivali Police Station for the offences punishable under Sections 365, 307, 324, 506(2), 143, 145, 147, 149 of the Indian Penal Code and Section 67 of the Information Technology Act.

2] Prosecution case is, complainant was abducted on the false 1/3

allegation of theft and was subjected to assault. Applicant alleged to have used razor for shaving of the Complainant' s hairs from Head, Eyebrows, Mustache and Beard.

3] Investigation in the matter is already completed. Charge-sheet is filed.

4] The only allegation in support of the offence under Section 307 is pressing neck of the Complainant which is not attributed against the Applicant.

5] In the aforesaid backdrop, considering maximum punishment for allegations against the Applicant which in any case, in my opinion, cannot be termed to be more than 7 years, Applicant deserves to be released on bail. There are no criminal antecedents against the Applicant as is informed by the learned APP for the State on instructions.

6] In the result, Applicant is directed to be released on bail in C.R. No. 7 of 2021 registered with Kandivali Police Station for the offences 2/3

punishable under Sections 365, 307, 324, 506(2), 143, 145, 147, 149 of the Indian Penal Code and Section 67 of the Information Technology Act upon furnishing P.R. Bond in the sum of Rs 50,000/- with one or more sureties in the like amount. Applicant shall neither influence the witnesses in any manner nor tamper with the evidence. Till the charge is framed, Applicant shall not enter the jurisdiction of Kandivali Police Station.

( NITIN W. SAMBRE, J. ) 3/3