Ajit Dilipkumar Gupta v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2315 OF 2021 BHALCHANDRA GOPAL DUSANE BHALCHANDRA GOPAL DUSANE Date: 2021.10.29 14:09:40 +0530 Ajit Dilipkumar Gupta ....

Applicant Vs.

The State of Maharashtra ....

Respondent Mr. Ravi Dwivedi for Applicant.

Ms. A.A. Takalkar, APP for State.

PI Anna Pawar, Bunder Circle, Special Branch - 1 Coram : NITIN W. SAMBRE, J.

Date : 28TH OCTOBER, 2021 P.C.:

1.

The applicant came to be arrested on 6th May, 2020 in Crime No. 152 of 2020 registered with R.C.F. Police Station, for the offence punishable under Sections 302, 307, 326, 143, 144, 147, 148, 149, 506(2) of Indian Penal Code a/w 4, 27 of Arms Act a/w 37(1), 135 of Maharashtra Police Act. and is charge-sheeted. 2.

The other similarly placed accused informed to be released on bail.

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The prosecution story is, the applicant alongwith other accused assaulted Prashant, brother of the complainant resulting into his death, which was witnessed by Paresh.

4.

Perusal of the statement of Paresh reflects that the role attributed to the present applicant is about his presence of holding iron rod.

5.

Since other similarly placed accused are already released on bail and as there are no criminal antecedents against the accused, in my opinion, the applicant is also entitled to be released on bail on parity. 6.

The application is allowed on following conditions :

O R D E R

(i) The applicant be released on bail in Crime No. 152 of 2020 registered with R.C.F. Police Station, for the offence punishable under Sections 302, 307, 326, 143, 144, 147, 148, 149, 506(2) of Indian

3/3 Penal Code a/w 4, 27 of Arms Act a/w 37(1), 135 of Maharashtra Police Act, on furnishing P.R. bond in the sum of Rs.25,000/- with one or more sureties in the like amount.

(ii) The applicant shall neither influence the prosecution witnesses in any manner nor tamper with the evidence. (iii) The applicant shall attend the trial regularly. (iv) If there are 2 consecutive defaults in appearing before the trial Court, prosecution will be at liberty to apply for cancellation of Applicant'

s bail.

( NITIN W. SAMBRE, J. )