Kisan Rajaram Sonkar v. State Of Maharashtra

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3368 OF 2023 Kisan Rajaram Sonkar .Applicant

Versus

The State of Maharashtra .Respondent Mr. Tanvir Shaikh, Advocate, for the Applicant Mr. P. H. Gaikwad, APP, for the Respondent - State Mr. Vijay Baban Dubala, Head Constable, B. No. 1428, Boisar Police Station, present

CORAM

:

MADHAV J. JAMDAR, J.

DATE :

10.01.2024 P. C.

1.

Heard Mr. Shaikh, learned Counsel appearing for the Applicant and Mr. Gaikwad, learned APP appearing for the Respondent - State.

2.

This is an Application fled under Section 439 of the Code of Criminal Procedure, 1973 for regular bail. The relevant details are as under:- C. R. NO.

Date of Registration of F.I.R.

03.03.2023 Police Station Boisar Police Station, Palghar Sections Applied 307 of the Indian Penal Code, 1860 Date of Incident 02.03.2023 Date of Arrest 03.03.2023

Date of fling of Charge-sheet 09.06.2023 3.

As per the prosecution case, the incident occurred in a spur of the moment. The Applicant who is a labourer, was urinating near the society building where the injured resides. The informant is the father of the injured. As per the F.I.R., the injured questioned the Applicant as to how he could urinate near the society building and in that quarrel, the Applicant assaulted the injured.

4.

Mr. Gaikwad, learned APP appearing for the Respondent - State vehemently opposes this Bail Application on the ground that there are eye-witnesses to the incident in question and the injuries sustained by the injured are grievous in nature.

5.

Mr. Shaikh, learned Counsel appearing for the Applicant states that Charge-sheet is already fled and the Applicant is incarcerated since 03.03.2023. The Applicant is the only earning member in his family and he has four children. The trial has not commenced yet and charges are not yet framed. The Applicant is a labourer. The Applicant does not have any criminal antecedents. On being released, the Applicant will reside outside the jurisdiction of the Boisar Police Station, Palghar.

6.

The trial is unlikely to conclude any time soon and is likely to take a considerably long time. The present Applicant does not have any criminal antecedents.

7.

Mr. Shaikh, learned counsel appearing for the Applicant states that as several witnesses are residing in the same locality as that of the Applicant, therefore, the Applicant will reside outside the jurisdiction of Boisar Police Station and will reside at one of his relative's - Mr. Ramanand Sonkar's residence i. e. Flat No. 205, Raghupur Building, Near Anand Bus Stop, Palghar (East) - 401 404.

8.

The Applicant does not appear to be a fight risk. 9.

Accordingly, the Applicant can be enlarged on bail by imposing conditions. Hence, the following order:- O R D E R (i) The Applicant - Mr. Kisan Rajaram Sonkar in connection with C. R. No. 88 of 2023 registered with the Boisar Police Station, Palghar shall be released on bail on his furnishing P. R. Bond in the sum of Rs. 25,000/- with one or two solvent sureties in the like amount;

(ii) The Applicant shall not enter the jurisdiction of the Boisar Police Station, Palghar on being released on bail except for reporting to the Investigating Offcer, if called; (iii) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Offcer and shall keep him updated, in case there is any change;

(iv) The Applicant shall report to the Palghar Police

Station, Palghar once every week, on every Sunday between 11.00 a. m. and 1.00 p. m. till the conclusion of trial. The Police Inspector of Palghar Police Station, Palghar to communicate details thereof to the Investigating Offcer;

(v) The Applicant shall not directly or indirectly make any 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 Offcer;

(vi) The Applicant shall not tamper with evidence; (vii) The Applicant shall regularly attend the trial; (viii) The Applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments;

(ix) The Applicant shall surrender his passport, if any, to the Investigating Offcer.

10.

The Application is disposed of.

[MADHAV J. JAMDAR, J.]