Akash @ Akki Bhagwan Hursale v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1900 OF 2022 Akash @ Akki Bhagwan Hursale ...Applicant

Versus

State Of Maharashtra

...Respondent

....

Mr. Priyal G. Sarda, Advocate for the Applicant. Ms. P. N. Dabholkar, APP for the Respondent - State.

CORAM

:

PRAKASH D. NAIK, J.

DATE :

14th OCTOBER, 2022.

PER COURT :

1.

The applicant is arrested on 22nd November, 2021 in connection with C.R. No.701 of 2021, registered with Khed Police Station for offences under Sections 307, 326, 384, 385, 386, 427, 506 r/w 34 of Indian Penal Code.

2.

The prosecution case is that one Shankar Korde lodged first information report alleging that, he conducts hotel. The applicant demanded Rs.10,000/- per month and gave threats to him. The demand was for protection money to enable the complainant to conduct his hotel business. The applicant collected Rs.10,000/- from the complainant. On 21st November, 2021 at about 8:30 p.m. The applicant and two to three persons entered the hotel with weapons and they broke the glasses of their hotel and when the informant questioned the applicant, he raised his hands with sickle to assault him. The informant caught hold of the weapon, which

resulted in injuries to his hand. The other accused give a blow by sickle on the head of complainant.

3.

The co-accused is juvenile. The applicant is in custody from the date of arrest. One more case under the Arms Act is pending against the applicant. Investigation is completed. Charge-sheet is filed.

4.

Learned APP submitted that act of assault was committed while demanding money from the complainant. The damage is caused to the hotel premises of the complainant. 5.

The applicant is in custody for substantial period of time. On completing investigation charge-sheet is filed. Hence, bail can be granted.

ORDER

i.

Criminal Bail Application No. 1900 of 2022 is allowed; ii.

The applicant is directed to be released on bail in connection with C.R. No.701 of 2021, registered with Khed Police Station on executing P.R. Bond in the sum of Rs.20,000/- with one or more sureties in the like amount; iii.

The applicant is permitted to furnish cash bail in the sum of Rs.20,000/- for a period of eight weeks in lieu of surety.

iv.

The applicant shall not tamper with the evidence. v.

The applicant shall not approach the complainant or any other witnesses.

vi.

The applicant shall not visit hotel Ganesh situated at village Khed.

vii.

Application stands disposed off.

(PRAKASH D. NAIK, J.)