Dipak Bhagwan Redewad And Others v. The State Of Maharashtra

2024:BHC-AUG:4973 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 BAIL APPLICATION NO. 259 OF 2024

1) Dipak Bhagwan Redewad

2) Arjun Dnyaneshwar Karewad

3) Karan Dnyaneshwar Karewad

VERSUS

The State of Maharashtra ...

Advocate for Applicant : Mr. S. S. Deve APP for Respondents: Mr. Satish A. Gaikwad .....

CORAM : SANJAY A. DESHMUKH, J.

DATED : 6th MARCH, 2024.

PER COURT :- 1.

This is an application for granting bail under section 439 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") in connection with crime No. 11 of 2024 registered with Harsool police station, District Chhatrapati Sambhajinagar (Aurangabad) for the offences punishable under Sections 307, 341, 323, 143, 147, 148, 149 of the I.P.C. Their application with similar prayer bearing criminal bail application No. 172 of 2024 came to be rejected by the learned Additional Sessions Judge, Aurangabad vide order dated 31.1.2024. 2.

It is averred in the report by the informant Rushikesh Bhingare that when a quarrel was going on between Avinash Salve and Akash Bhosale he went there and pacified that quarrel. Thereafter, while he was going back to his house, at about 9.30 p.m. Sominath Redewad, Deepak Redewad, Arjun Kerewad, Karan Kerewad and Akash @

-2Sachin @ Akku Bhosale assaulted him by knife and fist and kick blows. At that time, some people gathered there. Thereafter, the applicant and co-accused ran away. The report is lodged on the second day.

3.

Learned advocate for the applicant submitted that the only allegations against these applicants is that they assaulted by fist and kick blows. He submitted that the applicants have no criminal antecedents. They have been falsely implicated in the crime. They will not flee away from 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 on the ground that the applicants are involved in serious crime of attempt to commit murder. The injury certificate of the informant shows that he sustained serious injury to his chest. Considering all these aspects, it is lastly prayed to reject the application.

5.

Perused the papers of investigation and statements of witnesses. The role attributed to these applicants is that they assaulted by fist and kick blows. Considering these aspects and the fact that the applicants have roots in the society, practical investigation is over, the trial will take a long period, application deserves to be allowed on certain conditions. Hence, the following

-3order.

O R D E R

I.

Application is allowed.

II.

The applicants in connection with crime No. 11 of 2024 registered with Harsool police station, District Chhatrapati Sambhajinagar (Aurangabad) for the offences punishable under Sections 307, 341, 323, 143, 147, 148, 149 of the I.P.C. be released on bail on furnishing personal bond of Rs.25,000/- each with one surety each of the like amount on following conditions:- a) The applicants shall not tamper with the prosecution evidence and shall not pressurize the prosecution witnesses, in any manner.

b) If the applicants remain absent for trial, the trial court is at liberty to cancel their bail without reference to this Court.

(SANJAY A. DESHMUKH, J.) rlj/