Nilkanth Dnyaneshwar Vakhare v. The State Of Maharashtra

24-ba-3164-22.doc Digitally signed by DINESH SADANAND SHERLA Date:

2023.01.11 16:03:58 +0500

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

DINESH SADANAND SHERLA CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3164 OF 2022 Nilkanth D. Vakhare ...Applicant V/s.

The State of Maharashtra

...Respondent.

Mr. Ajinkya M. Udane a/w. Ms Heena Mistry for the Applicant. Mr. Amit Palkar, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

20.12.2022.

P.C. :

1.

This is an application under Section 439 of Code of Criminal Procedure for bail.

2.

The applicant came to be arrested in Crime No.8 of 2020 registered at Koregaon Park Police Station, Pune city for the ofence punishable under Sections 302, 323, 143, 147, 148, 149, 504 of the Indian Penal Code (IPC).

3.

According to the prosecution, there was a rivalry between the deceased and accused No.1. It is alleged that on account of said rivalry on 9 January 2020, the present applicant along with other co-accused assaulted the deceased and committed his murder.

4.

I have heard the learned counsel for the applicant and the learned APP for the respondent - State.

5.

I have perused the charge-sheet and more particularly, statement of eye-witness namely Vishal Dhodke. According to him, when he tried to rescue the deceased while he was being assaulted by other co-accused the present applicant and coaccused Abhishek Vakhare prevented him from doing so. This Dinesh S. Sherla 1/2

24-ba-3164-22.doc witness has not stated that the present applicant assaulted the deceased. The learned Sessions Judge has released the coaccused Faiyaz Mohammad Hanif Shaikh, who according to this witness, assaulted the deceased.

6.

The learned APP submits that the present applicant was member of unlawful assembly. It is submitted that the applicant is involved in fve more criminal cases. However, considering the fact that the present applicant has not assaulted the deceased, I am inclined to release him on bail on certain conditions. In the result, the following order is passed.

O R D E R

A] Bail Application is allowed.

B] The applicant be released on bail in C.R. No.8 of 2020 registered at Koregaon Park Police Station, Pune city for the ofences punishable under Sections 302, 323, 143, 147, 148, 149, 504 of the IPC on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C] The applicant shall not enter into the limits of Pune district except to attend the dates before the trial Courts, till conclusion of trial.

D] The applicant shall provide his residential address and his mobile number, if any, to Koregaon Park police station. [N.R.BORKAR, J.] Dinesh S. Sherla 2/2