Tejas Kailas Gangurde v. State Of Maharashtra
2024:BHC-AS:11521
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3550 OF 2023 Tejas Kailas Gangurde ...Applicant
Versus
The State of Maharashtra
...Respondent
Mr. Arbaz W. Pathan, Advocate, for the Applicant. Mt. Shriram S. Chaudhari, APP, for the Respondent-State. Mr. Vishal Parshuram Supkar, P.S.I. Upnagar Police Station, Nashik City.
CORAM:
MADHAV J. JAMDAR, J.
DATED : 8th MARCH 2024 PC:- 1.
Heard Mr. Pathan, learned Counsel for the Applicant and Ms. Chaudhari, learned APP for the Respondent-State. 2.
This regular Bail Application is preferred under Section 439 of the Code of Criminal Procedure, 1973. The relevant details are as follows:-
1. C. R. No.
2. Date of registration of F.I.R. 05/10/2022
3. Name of Police Station Upnagar Police Station, Nashik City
4. Section/s invoked 302, 143, 147, 148, 149, 323, 504 of the I.P.C., 1860
5. Date of incident 04/10/2022
6. Date of arrest 11/10/2022
7. Date of filing of Charge-sheet22/12/2022 3.
As per the prosecution case, the Informant and Accused were playing 'Dandiya' at the 'Chhatrapati Shivaji Maharaj Kala Krida Sanskrutik Mandal', behind Pal Dhaba, Nashik. During the said Dandiya, one of the Accused pushed one Aniket Shinde by mistake and therefore, heated arguments took place between them. At around 10.30 p.m., the said Dandiya got over. There was further escalation thereafter and in the said quarrel, the Applicant and other Accused assaulted the deceased with kicks and fist blows. At the same time, a child in conflict with law assaulted the deceased with a knife and the deceased succumbed to the resultant injuries. 4.
Mr. Pathan, learned Counsel for the Applicant submitted that Applicant's name is not mentioned in the F.I.R. and in any case, the Applicant's role is that he had assaulted the deceased at the most with kicks and fist blows. He submitted that there are no criminal antecedents against the Applicant.
5.
On the other hand, Mr. Chaudhari, learned APP for the Respondent-State strongly opposed the Bail Application. He submitted that the Applicant has been identified in the Test Identification Parade. He submitted that there are total 7 Accused, out of which, 4 Accused are children in conflict with law. The Applicant has not assaulted the deceased with a weapon.
6.
Perusal of the record shows that in the present case, the incident in question occurred on 4th October 2022, F.I.R. was lodged on 5th October 2022, the Applicant was arrested on 11th October 2022 and, Charge-sheet was filed on 22nd December 2022. Till date there is no progress in the trial. As per the Charge-sheet, there are 27 witnesses proposed to be examined by the prosecution. The trial is unlikely to conclude any time soon and is likely to take a considerably long time.
7.
The Applicant is a young man aged 21 years.
8.
The Applicant does not have any criminal antecedents. 9.
The Applicant does not appear to be at risk of flight.
10. Accordingly, the Applicant can be enlarged on bail by imposing conditions.
11. In view thereof, the following order:-
O R D E R
(a) The Applicant - Tejas Kailas Gangurde be released on bail in connection with C.R. No.260 of 2022 registered with the Upnagar Police Station, Nashik on his
furnishing P.R. Bond of Rs.25,000/- with one or two local solvent sureties in the like amount.
(b) On being released on bail, the Applicant shall furnish his cell phone number and residential address to the Investigating Officer and shall keep the same updated, in case of any change thereto.
(c) The Applicant shall report to the Upnagar Police Station, Nashik on the first Sunday of every month between 11.00 a.m. and 1.00 p.m. until the conclusion of the trial.
(d) 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 such a person from disclosing the facts to the Court or to any Police personnel.
(e) The Applicant shall not tamper with the prosecution evidence and shall not contact or influence the
Complainant or any witness in any manner.
(f) The Applicant shall attend the trial regularly. The Applicant shall co-operate with the Trial Court and shall not seek unnecessary adjournments thereat. (g) The Applicant shall surrender his passport, if any, to the Investigating Officer.
12. The Bail Application is disposed of accordingly.
13. It is clarified that the observations made herein are prima facie, and the Trial Court shall decide the case on its merits, and uninfluenced by the observations made in this order. { [MADHAV J. JAMDAR, J.] Signed by: Sonali Patil Designation: PA To Honourable Judge Date: 08/03/2024 19:28:28