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Bombay High CourtBA/1391/2023allowed

Ajinkya @ Shama Yuvraj Bhosale v. State Of Maharashtra

2023-09-06Hon'Ble Shri Justice M. S. Karnik3 pages

2023:BHC-AS:25958

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.1391 OF 2023 AJINKYA @ SHAMA YUVRAJ BHOSALE ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. S.H. Katkar i/b Adv. R.V. Bansode for the applicant. Ms. Veera Shinde, APP for the State.

------------ CORAM : M. S. KARNIK, J.

DATE : SEPTEMBER 06, 2023.

P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under Sections 302, 307, 326, 324, 323, 506, 143, 147, 148, 149 of the Indian Penal Code registered on 17/03/2021 vide C.R. No.75 of 2021 with Dahiwadi Police Station.

3.

There are in all 6 accused. The applicant is accused No.4. Name of the deceased is Chandrakant. It appears that there were some disputes the main accused had with 1/3

Chandrakant. The accused also assaulted and injured those who were accompanying Chandrakant.

4.

So far as the role of the present applicant is concerned, there is nothing on record to show that any overt act is attributed to the present applicant. The other co-accused have been assigned the role of assaulting Chandrakant. The applicant was arrested on 24/03/2021 and now is in custody for more than 2 years and 5 months. The chargesheet has been filed and the investigation is complete. As there are no criminal antecedents reported against the applicant, the applicant can be enlarged on bail. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant- Ajinkya @ Shama Yuvraj Bhosale in connection with C.R. No. 75 of 2021 registered with Dahiwadi Police Station shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.

(c) The applicant shall attend the Investigating Officer of 2/3

Dahiwadi police station once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m. (d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.

(e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

5.

The application is disposed of.

(M. S. KARNIK, J.) 3/3