Nikhil Mukund Babar v. The State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.2680 OF 2014 Nikhil Mukund Babar ...Applicant vs.
State of Maharashtra
...Respondent
Mr. Abhaykumar Apte, Advocate for the Applicant.
Mr. S.H. Yadav, APP for the State.
CORAM : P.D. KODE, J.
DATE : DECEMBER 20, 2014 P.C.
.
Heard.
2.
By this application, the applicant/accused charge-sheeted by Market Yard police station, Pune vide C.R. No. 88 of 2013 for the offences punishable under Sections 307, 326, 323 and 504 read with 34 of Indian Penal Code, prays for bail. 3.
The applicant was released on bail by the Court of Session vide order dated 29-10-2013 on 1/3
failure of applicant to attend on two dates. The warrant was issued and he was again taken in custody on 22-09-2014. The applicant since then is in custody.
4.
Considering the reasons for which the applicant failed to appear before the Court of Session, the present case can not be said to be a case of a person who deliberately defaulted and flouting the conditions of bond. Though the applicant is said to be defaulter in attending the Court, no material is shown of having misused the bail. Having regard to it and taking into consideration the period for which he is in custody, his prayer for bail now deserves consideration.
5.
Resultantly, the application is allowed.
The applicant is hereby directed to be released on bail now upon furnishing P.R. Bond in sum of Rs. 2/3
50,000/- (Fifty Thousand) with one or more sureties in like amount and subject to the conditions of the applicant, (i) staying at the address mentioned in the application.
(ii) attending the investigating officer every alternate Monday in between 11.00 am to 1.00 pm for a period of two months and thereafter on every first Monday of the month.
(iii) not indulging in any activity of tampering the prosecution evidence and/or not indulging in any activity of coercing, threatening and pressuring the prosecution witnesses AND (iv) not misusing the protection granted by this order for fleeing away or for any other oblique purpose.
Application stands disposed of.
(P.D. KODE, J.) 3/3