Sanjay S/O Narayan Ugle v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.684 OF 2016 Sanjay s/o Narayan Ugle, Age: 43 years, Occ: Agri., R/o. Dahegaon, Tq. Vaijapur, Dist. Aurangabad.

...Applicant versus The State of Maharashtra.

...Respondent

.....

Mr. V.R. Dhorde, Advocate for applicant Mr. K.D. Munde, A.P.P. for respondent .....

CORAM : N.W. SAMBRE, J.

DATE : 18th FEBRUARY, 2016 ORAL ORDER :

Heard.

2.

The applicant is seeking regular bail in Crime No.I-213/2015 registered on 19th December 2015 at Vaijapur Police Station, District Aurangabad, for the offences punishable under Sections 302, 143, 147, 148 and 149 of Indian Penal Code.

3.

The F.I.R. depicts the name of present applicant as the one who was present at the scene of offence.

4.

Learned Counsel for the applicant, while trying to make out a case for grant of regular bail would claim parity to that of other accused namely

-2Balkrushna Kachru Ugle and Dattu Gajanan Pagar, who are directed to be released vide order passed by this Court on 28th January 2016 in Criminal Application No.156 of 2015 and Criminal Application No.339 of 2016, respectively.

5.

According to learned Counsel for applicant, but for his presence, there is no role attributed to the present applicant and there is vague attribution of his involvement in the crime in question. 6.

Learned A.P.P., opposed the application on the ground that the applicant is named as accused in F.I.R.

7.

With the assistance, perused the investigation papers. The deceased has killed one minor child Mahesh. For saving life of that child, present applicant is claiming to have present on the spot and acted against the assailant.

8.

Deceased Kailashnand has also tried to attack the present applicant, in the attempt of present applicant, in which Kailashnand has lost his life. The prosecution claims that the said deceased Kailashnand was attacked by about 15-20 persons.

9.

In my opinion, looking to the nature of crime, role attributed to the applicant, the circumstances in which the offence against the applicant is registered, applicant's further detention is not necessary. The investigation

-3is almost complete. As such, applicant deserves to be released on bail. Hence I pass following order :- The applicant be released on bail in Crime No.I-213/2015 registered on 19th December 2015 at Vaijapur Police Station, District Aurangabad, for the offences punishable under Sections 302, 143, 147, 148 and 149 of Indian Penal Code, upon furnishing P.R. Bond of Rs.15,000/- with one surety in the like amount. 10.

Criminal Application stands allowed in above terms. [ N.W. SAMBRE, J. ] Tupe/18.02.2016