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Bombay High CourtBA/175/2023application allowed

Sunil @ Rahul Sanjay Mehar v. The State Of Maharashtra

2023-02-14Hon'Ble Shri Justice S. G. Mehare2 pages

930-BA-175-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.175 OF 2023 SUNIL @ RAHUL SANJAY MEHAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Sopan G. Bobde APP for Respondent : Mr. S. P. Deshmukh ...

CORAM :

S. G. MEHARE, J.

DATE :

14-02-2023 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned A.P.P. for the respondent/State.

2.

The prosecution has a story that the daughter of the deceased had love affair with co-accused Dipak. She was opposing their relationship. Hence, her daughter and the other two co-accused with common intention killed her. The circumstantial evidence against the applicant is that he purchased the knife soon before the incident. However, there is no evidence against the applicant that he has any acquaintance with the deceased any time before. He appears to be a friend of the coaccused and the daughter of the deceased. The evidence against him is not cogent. In the circumstances, the applicant has good case on merit. Hence, the following order :-

930-BA-175-23.odt i) Application is allowed.

ii) Applicant Sunil @ Rahul Sanjay Mehar be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in C.R.No.177 of 2022, registered with Chikalthana Police Station, Taluka and District Aurangabad, for the offence punishable under Sections 302 and 120B of the Indian Penal Code, on the condition not to tamper with the prosecution witnesses.

( S. G. MEHARE ) JUDGE rrd