Satish Vinayak Tambe v. The State Of Maharashtra And Another
2024:BHC-AUG:1273 -1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 927 BAIL APPLICATION NO.13 OF 2024 Satish Vinayak Tambe ..APPLICANT -VERSUSThe State of Maharashtra and another.
..RESPONDENTS ...
Advocate for Applicant : Mr.N.B. Patekar APP for Respondent/State : Mrs.Pratibha J. Bharad ...
CORAM : SANJAY A. DESHMUKH, J.
DATED : 19th JANUARY, 2024.
PER COURT :- 1.
The applicant is seeking bail in connection with crime No.1042 of 2023 registered with Newasa Police Station, Tq. Newasa, Dist. Ahmednagar, for the offence punishable under section 395 of the Indian Penal Code.
2.
Informant Tushar Rahinj averred in the report that he withdrew an amount of Rs.2,00,000/- from HDFC bank at Sambhajinagar. He was riding the motorcycle along with his friend Sumit Vohol. When they reached near Rahuri, they stopped their motorcycle near one white colour car in which 5-6 persons were sitting. When they were attending the nature's call, 8-9 persons along with one woman came there, they extorted them, shown knife and on
-2the point of knife, they demanded money, mobile and golden ornaments. They threatened that they will kill if those articles were not given. They took sack which was on the back of the informant and wallet as well as mobile hand set in it. The mobile hand set, wallet and golden chain from the friend of informant Sumit was also forcibly snapped. All these persons proceeded by sitting in their four wheeler. Some of them ran away from the agricultural land. They threatened that if this fact is informed to anybody, they will eliminate them. They threatened them go to back from where they came. Informant was frightened and he came to house and told that incident to his family members and therefore, the report was lodged on 31.10.2023. Total amount of that dacoity was Rs. 2,24,200/-. 3.
The learned advocate for the applicant submitted that no amount is recovered from the applicant. There are no criminal antecedents. He prayed for grant of bail.
4.
The learned APP opposed the application and submitted that the applicant is involved in the serious crime. Investigation is in progress. Possibility of pressurizing the witnesses and tampering of evidence on the part of the applicant cannot be ruled out. It is lastly prayed to reject the application.
5.
Perused the report. The applicant has no criminal antecedents. He has roots in the society. The dacoity amount is not seized from him. Practical investigation is over. Trial will take long
-3period. The application, therefore, deserves to be allowed on certain conditions. Hence, the following order.
O R D E R
I.
Application is allowed.
II.
The applicant, in connection with crime No.1042 of 2023 registered with Newasa Police Station, Tq. Newasa, Dist.Ahmednagar, for the offence punishable under section 395 of the Indian Penal Code, be released on bail on furnishing personal bond of Rs.50,000/- with one surety of the like amount, on following conditions:- a) The applicant shall not pressurize the prosecution witnesses and shall not tamper with the prosecution evidence, in any manner.
b) The applicant shall not indulge into any such type of crime again.
(SANJAY A. DESHMUKH, J.) sga