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Bombay High CourtAPPLN/64/2016application allowed

Yuvraj Balasaheb Jamdade v. The State Of Maharashtra

2016-01-21Hon'Ble Shri Justice Nitin W. Sambre2 pages

Cri.Appln.64/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.64 OF 2016 Yuvraj Balasaheb Jamdade, Age 29 years, Occu. Agri., R/o Belekar Vasti, Jamkhed, Taluka Jamkhed, District Ahmednagar ..Applicant

Versus

The State of Maharashtra, through Police Inspector, Jamkhed Police Station, Taluka Jamkhed, District Ahmednagar ..Respondent Mr P.B. Shirsath,Advocate for applicant Mr M.B. Bharaswadkar, A.P.P. for respondent CORAM : N.W. SAMBRE, J.

DATE : 21st January 2016 PER COURT Heard.

2.

The applicant is seeking regular bail in Crime No.171/2015 registered at Jamkhed Police Station, District Ahmednagar, for the offences punishable under Sections 143, 147, 325, 504 and 506 of the Indian Penal Code.

3.

The applicant was arrested on 5th December 2015 and was subjected to P.C.R.

4.

Nothing is recovered from the applicant. According to learned Counsel for the applicant, looking to the nature of allegations in the F.I.R. further detention of the applicant is not necessary.

Cri.Appln.64/2016 5.

Learned A.P.P. opposed the application on the ground that there are eye witnesses to the incident and other accused are absconding. 6.

In my opinion, the ground raised for rejection of bail will be of hardly any assistance, particularly when the applicant was subjected to P.C.R. and nothing was recovered from him. 7.

Looking to the nature of allegations, it will be appropriate, in my opinion to order release of the applicant. Hence, I proceed to pass the following order.

8.

The applicant be released on bail in Crime No.171/2015 registered at Jamkhed Police Station, District Ahmednagar, for the offences punishable under Sections 143, 147, 325, 504 and 506 of the Indian Penal Code, upon furnishing P.R. Bond of Rs.15,000/- with one surety in the like amount.

9.

Criminal Application stands allowed in above terms. ( N.W. SAMBRE, J.) vvr