Vijay Satish Valmiki v. The State Of Maharashtra

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2288 OF 2017 Vijay Satish Valmiki .Applicant Vs.

The State of Maharashtra .Respondent Mr. K. U. Nikam, Advocate, for the Applicant Mr. S. R. Agarkar, APP, for the Respondent - State

CORAM

:

A.S.GADKARI, J.

DATE :

06.11.2017 P.C.

.

This is an application under Section 439 of Cr. P.C. for bail in CR No. 172 of 2017 registered with Dehuroad Police Station, Pune (Rural) under Sections 307, 504 r/w 34 of the Indian Penal Code and under Section 4(27) of the Arms Act.

2.

It is the prosecution case that on 27.04.2017 at about 11.30 p.m. when the first informant alongwith her husband were returning to her matrimonial home at Malwadi, some unknown persons waylaid their car with motor cycles and assaulted them with sword and stick. During the said assault, the first informant - Mrs. Rani Mahendra Kalokhe suffered grievous injuries to the palm of her left hand and caused partial

amputation of fingers. During the course of investigation, the Applicant came to be arrested on 05.05.2017 and after completion of investigation, police have submitted charge-sheet.

3.

Perused the charge-sheet. Prima facie, it appears that there is no evidence except an extra judicial confession by the Applicant to his father after the police informed his father about his involvement in the present crime. The record is silent about the identity of the Applicant as one of the co-accused in the present crime. Prima facie, it appears that there is no other material on record against the Applicant. It is submitted that there are no antecedents at the discredit of the Applicant. In view thereof, the Applicant can be released on bail. Hence, the following Order:

(i) The Applicant be released on bail in C.R.No. 172 of 2017 registered with the Dehuroad Police Station, Pune (Rural) on his furnishing PR bond of Rs.25,000/- with one or two local solvent sureties in the like amount;

(ii) The Applicant shall not tamper with the evidence and/or influence the prosecution witnesses;

(iii) After his release from jail, Applicant shall attend the

concerned police station every 1st Monday of the month between 10.00 a.m. to 12.00 noon till filing of final report/charge-sheet. 4.

Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)