Gajanan Kondiba Darade And Others v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 BAIL APPLICATION NO.255 OF 2023 WITH APPLN/691/2023 IN BA/255/2023

1. GAJANAN KONDIBA DARADE

2. DNYANESHWAR KONDIBA DARADE

3. PAVAN MACCHINDRA DARADE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Salunke Sudarshan J. APP for Respondent-State : Mr. K. S. Patil.

Advocate for Complainant to assist APP : Mr. Wagh P. K. ...

CORAM : S. G. MEHARE, J.

DATE :

14.03.2023 PER COURT :- 1.

Heard the learned counsel for the applicants, learned APP for the respondent-State and the learned counsel for the complainant.

2.

The allegations of assault have been levelled against the applicants. Three persons were injured and suffered the injuries due to the alleged assault. The applicants have been arrested in the month of October 2022. The weapons have been recovered from them. The charge sheet has been filed. There are no antecedents to their discredit. However, the learned counsel for the complainant expressed an

apprehension of threats since the applicants, injured and other witnesses are the resident of the same village. However, the Court feels that the further detention of the applicants would serve no purpose. Therefore, they may be released on bail on certain conditions. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant No.1. GAJANAN KONDIBA DARADE,

2. DNYANESHWAR KONDIBA DARADE and

3. PAVAN MACCHINDRA DARADE be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety of the like amount each, in Crime No.682 of 2022, registered by Police Station Ambad, District Jalna, for the offences punishable under Sections 307, 326, 324, 323, 504, 143, 147, 148, 149 of the IPC, on the following conditions : (a) The applicants shall not tamper with the prosecution witnesses.

(b) They shall not enter village Panegaon, Taluka Ambad, District Jalna for three (3) months from the date of their release.

(iii) Criminal application No.691 of 2023 to assist the learned APP is allowed.

(S. G. MEHARE, J.) ...

vmk/-