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Bombay High CourtBA/4155/2023disposed off

Pramodkumar Ramlal Yadav v. State Of Maharashtra

2024-01-04Hon'Ble Shri Justice Madhav J. Jamdar3 pages

BHALCHANDRA GOPAL DUSANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.4155 OF 2023 BHALCHANDRA GOPAL DUSANE Date: 2024.01.04 18:09:48 +0530 Mr. Pramodkumar Ramlal Yadav ...Applicant Vs.

The State of Maharashtra

...Respondent

Ms. Sonali R. Chavan for the Applicant.

Ms. Mahalaxmi Ganpathy, APP, for the RespondentState. CORAM : MADHAV J. JAMDAR, J.

DATED : 4th JANUARY 2024 P.C. :

1.

Heard Ms. Chavan, learned Counsel appearing for the Applicant and Ms. Ganpathy, learned APP appearing for the Respondent-State.

2.

The Applicant has filed the Criminal Bail Application for regular bail under Section 439 of the Code of Criminal Procedure, 1973. The relevant details are as under:- C. R. No.

Date of F.I.R.

16th October 2023 Police Station Vishrantwadi, Pune Sections under which F.I.R. has been lodged 304 of I.P.C.

Date of Incident 16th October 2023 Date of Arrest 16th October 2023 Date of filing of Chargesheet 15th December 2023 1/3

3.

The Applicant was arrested on 16th October 2023. As per the prosecution case, the Applicant by driving a fuel tanker rashly and negligently collided with the motorcycle of the informant and in the said unfortunate accident, informant's wife, twin daughters and informant fell down on the road and sustained grievous injuries. In the said incident, the informant's wife and two twin daughters succumbed to the injuries.

4.

The Charge-sheet has been filed on 15th December 2023. There are 18 witnesses. The trial is unlikely to be concluded any time soon.

5.

Ms. Chavan, learned Counsel appearing for the Applicant states that although the Applicant is resident of District Pratapgad, Uttar Pradesh, he will reside at Pune and he will be available for the trial. Accordingly the Applicant can be enlarged on bail by imposing conditions. Hence, the following order:-

O R D E R

(a) The Application is allowed.

(b) The Applicant- Pramodkumar Ramlal Yadav be released on bail in connection with C.R. No.306 of 2023 registered with 2/3

Vishrantwadi Police Station, Pune on his furnishing P.R. Bond of Rs.25,000/- with two local solvent sureties in the like amount.

(c) 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.

(d) The Applicant shall report to Vishrantwadi Police Station, Pune once every week, on every Sunday between 11.00 a.m.. to 1.00 p.m. till the trial concludes.

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

(MADHAV J. JAMDAR, J.) 3/3