Vishal Ashok Bokare v. The State Of Maharashtra

2024:BHC-AUG:4471 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 995 BAIL APPLICATION NO. 219 OF 2024 Vishal Ashok Bokare

VERSUS

The State of Maharashtra ...

Advocate for Applicant : Mr. Mayure Pramod C. APP for Respondents: Mrs. Pratiha J. Bharad .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 1st MARCH, 2024.

PER COURT :- 1.

This is an application for granting bail under section 439 of the Cr.P.C. in connection with crime No. 304 of 2023 registered with Purna police station, District Parbhani for the offences punishable under Sections 302, 120(B), 34 of the I.P.C and under Sections 3, 4, 25 and 27 of Arms Act. His application with similar prayer bearing criminal bail application No. 1012 of 2023 came to be rejected by the learned Additional Sessions Judge, Parbhani, vide order dated 09.01.2024.

2.

It is averred in the report that co-accused Namdeo Umaji Pawar @ Deva, on account of previous enmity, has committed the murder of one Akash with the help of sword. It is also alleged the said murder is committed with the help of one unknown person Vaibhav Sambhaji Bachule, who later on is arrested.

-23.

Learned advocate for the applicant submitted that name of the applicant is not mentioned in the report. He is 18 years old studying in 11th standard. He is falsely implicated in the crime. He has roots in the society. He will not flee away from the trial. The trial will take a long period. He therefore prayed for allowing the application. 4.

Learned A.P.P. for the respondent-State has strongly opposed the application and contended that the applicant is involved in serious crime of murder. There is prima facie evidence against the applicant. He lastly prayed for rejecting the application. 5.

Perused the F.I.R. and papers of investigation. The applicant has submitted bonafide certificate of Annapurna Devi Vidyalaya/ Junior College, Aral showing that the applicant is studying in 11th standard. The applicant has no criminal antecedents. The applicant has roots in the society. He will not flee away from the trial. The trial will take a long period. Prima facie, there is no material against the applicant. 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. 304 of 2023 registered with Purna police station, District Parbhani for the

-3offences punishable under Sections 302, 120(B), 34 of the I.P.C and under Sections 3, 4, 25 and 27 of Arms Act 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 tamper with the prosecution evidence and shall not pressurize the prosecution witnesses, in any manner.

b) The applicant shall not indulge in similar activities in future and attend the trial in the case regularly. c) If the trial court found that any of the above condition is breached by the applicant, the trial court is at liberty to cancel the bail of the applicant without reference to this Court.

(SANJAY A. DESHMUKH, J.) rlj/