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Bombay High CourtBA/3900/2021allowed

Sachin Kailash Kopare v. The State Of Maharashtra

2022-05-02Hon'Ble Shri Justice Vinay Joshi3 pages

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3900 OF 2021 Sachin Kailash Kopare .Applicant Vs.

The State of Maharashtra .Respondent Mr. Sanjay P. Shinde a/w Ms Anjali Binjola, Advocate, for the Applicant Mr. R. M. Pethe, APP, for the Respondent - State

CORAM

:

VINAY JOSHI, J.

DATE :

02.05.2022 P. C.

.

The applicant is seeking regular bail in connection with C. R. No. 15 of 2021 registered with the Yeola Police Station, Nashik (Rural) for the offence punishable under Sections 399 and 402 of the Indian Penal Code. Besides other grounds, bail is claimed on the ground of parity.

2.

The State opposed bail by pointing towards seriousness of offence.

3.

Police personnel while on their patrolling duty, found one car in suspicious condition. Hence, they apprehended in all six persons, who were sitting in the car. On thorough search, articles namely chopper, nylon string, iron rod and chili powder was seized and therefore, the report. There is no specifc seizure from the possession of applicant. This Court on similar facts released co-accused - Prashant Shejwal in B. A. No. 2362 of 2021 and another coaccused - Pankaj Gaikwad in B. A. No. 2930 of 2021. The prosecution is unable to point out any distinguishing feature to deny the rule of parity. Investigation is complete and charge-sheet has been fled. Having regard to above facts, case is made out for grant of bail. Hence, the following order.

O R D E R

(i) The Application stands allowed;

(ii) The applicant namely - Sachin Kailash Kopare in C. R. No. 15 of 2021 registered with the Yeola Police Station, Nashik (Rural) for the offence punishable under Sections 399 and 402 of the Indian Penal Code, be released on bail on his furnishing P. R. Bond of Rs. 25,000/- with one or two

sureties in the like amount;

(iii) The applicant shall attend the concerned Police Station on the frst Sunday of every month in between 10.00 a. m. to 12.00 noon till the conclusion of trial; (iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence.

4.

The Application stands disposed of.

( VINAY JOSHI, J. )