Yash Popat Kodag v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO.3603 OF 2022 PRADNYA MAKARAND BHOGALE

1. Vikram Shankar Ghorpade

2. Dattu Umaji Bodre ..Applicant VS.

The State of Maharashtra ..Respondent PRADNYA MAKARAND BHOGALE Date: 2023.01.24 20:00:46 +0530 WITH BAIL APPLICATION NO.3861 OF 2022 Yash Popat Kodag ..Applicant VS.

The State of Maharashtra ..Respondent ------------ Mr. Prashant S. Hagare for the Applicants.

Mr. S. V. Gavand, APP for the State in BA/3861/2022. Ms. P. N. Dabholkar, APP for the State in BA/3603/2022. ------------ CORAM : M. S. KARNIK, J.

DATE : JANUARY 24, 2023 P.C. :

1.

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

2.

This is an application for bail in connection with C.R. No.308 of 2022 registered with Pandharpur Gramin Police Station for the offence punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code, 1860. 1/3

3.

The applicant-Vikram Shankar Ghorpade is accused No.2, applicant-Dattu Umaji Bodre is accused No.4 and applicant-Yash Popat Kodag is accused No.6.

4.

It is the prosecution case that a scrap vendor was assaulted by the accused No.1-Sagar Moholkar. The cause of death is cardio respiratory arrest due to extradural hematoma due to head injury and fracture over skull. The statement of witness-Suraj Bhagwan Nimbalkar reveals that the assailant is accused No.1-Sagar Moholkar. The applicant help the accused No.1 in disposing the dead body. Prima facie, there is no material on record to indicate that the applicants are in any manner involved in the assault on the deceased. The charge-sheet has been filed and the investigation is complete. The applicants are in custody from 30/07/2022.

5.

Considering the nature of the accusations against the applicants, the applicants can be enlarged on bail. There are no criminal antecedents reported against the applicants. The trial is likely to take long time to conclude. 6.

Hence, the following order :- 2/3

ORDER

(a) Application is allowed.

(b) Applicants-Vikram Shankar Ghorpade, Dattu Umaji Bodre and Yash Popat Kodag shall be released on bail in connection with C.R. No.308 of 2022 registered with Pandharpur Gramin Police Station, on their furnishing P.R. Bond of Rs.25,000/- each with one or more sureties in the like amount.

(c) The applicants 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 applicants shall not tamper with evidence.

(d) The applicants shall attend the concerned Police Station once in a month on every Monday of the first week between 11.00 a.m. and 1.00 p.m.

(e) On being released on bail, the applicants shall furnish their contact numbers and residential addresses to the Investigating Officer and shall keep him updated, in case there is any change.

7.

The Bail Applications are disposed of.

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