Ajay Alias Chagan Rajbhar v. State Of Maharashtra

2023:BHC-AS:35843

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1734 OF 2023 AJAY ALIAS CHAGAN RAJBHAR ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT Mr. Prathamesh K. Gaikwad i/b Mr. Prakash J. Salsingikar, for the Applicant.

Ms. Rutuja Ambekar, APP for the State.

CORAM : M. S. KARNIK, J.

DATE : DECEMBER 01, 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 307, 504 read with 34 of the Indian Penal Code, 1860, sections 37(1)(A) and 135 of the Bombay Police Act, under sections 4 and 25 of the Arms Act registered on 30/09/2022 vide C.R. No.572 of 2022 with Mulund police station.

3.

The applicant is the accused no.2. The applicant was arrested on 30/09/2022.

4.

The accusation is that two accused assaulted the injured witness with a knife. The informant as well as the 1/3

witness have attributed the role of the assault with knife to the co-accused no.1. So far as the present applicant is concerned, it is alleged that the applicant had assaulted the injured witness with fist blows. The applicant was arrested on 30/09/2022 and is in custody since then. The investigation is complete. The charge-sheet has been filed. In the facts and circumstances of the present case, though the application is opposed by learned APP, I am inclined to enlarge the applicant on bail. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant- Ajay alias Chagan Rajbhar in connection with C.R. No. 572 of 2022 registered with Mulund police station shall be released on bail on his furnishing P.R. Bond of Rs.15,000/- with one or more sureties in the like amount. (c) The applicant is permitted to furnish cash bail surety in the sum of Rs. 15,000/- for a period of 6 weeks in lieu of surety.

(d) The applicant shall attend the investigating officer of Mulund police station as and when called.

(e) The applicant shall not directly or indirectly make any 2/3

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.

(f) 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.

(g) The applicant shall attend the trial regularly. The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.

5.

The application is disposed of.

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