Akash Manoj Borale v. The State Of Maharashtra

2023:BHC-AS:35267

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3556 OF 2023 AKASH MANOJ BORALE ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Seema S. Dighe h/f Adv. Priyal G. Sarda for the Applicant.

Ms. Veera Shinde, APP for the State.

PSI - Ankush Bhausaheb Navale, Vadner Khakurdi Police Station.

------------ CORAM : M. S. KARNIK, J.

DATE : NOVEMBER 29, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under Sections 307, 326, 323, 324, 504, 506, 34 of the Indian Penal Code (hereafter 'IPC' for short) registered on 28.08.2023 vide C.R. No.277 of 2023 with Vadner Khakurdi Police Station, Malegaon, District Nashik. 3.

The date of the incident is 28.08.2023. The applicant was arrested on 21.09.2023.

1/3

4.

Learned APP opposed the application for bail. Learned APP submitted that the charge-sheet is yet to be filed. 5.

From the statements of the witnesses, it is seen that there is no role assigned to the present applicant. The co-accused - Swaraj Jogendra Yashod has been granted pre-arrest bail by the order dated 09.10.2023. The accusations against the present applicant are similar in nature. In this view of the matter even the present applicant can be enlarged on bail. There are no criminal antecedents reported against the applicant. There is no recovery at the instance of the applicant. Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant-Akash Manoj Borale in connection with C.R. No.277 of 2023 registered with Vadner Khakurdi Police Station, Malegaon, District Nashik shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.

2/3

(c) The applicant is permitted to furnish cash bail surety in the sum of Rs.25,000/- for a period of 6 weeks in lieu of surety.

(d) The applicant shall attend the Investigating Officer of Vadner Khakurdi Police Station, Malegaon, District Nashik once in three months every first Monday of the concerned month between 11.00 a.m. and 1.00 p.m. commencing January 2024.

(e) 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 Officer. The applicant shall not tamper with evidence. (f) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

(g) The applicant shall attend the trial regularly. The applicant shall co-operate with the trial Court and shall not seek unnecessary adjournments.

6.

The application is disposed of.

(M. S. KARNIK, J.) 3/3