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Bombay High CourtBA/315/2023application allowed

Rutik Amrutrao Sarje v. The State Of Maharashtra

2023-03-09Hon'Ble Shri Justice S. G. Mehare3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 942 BAIL APPLICATION NO.315 OF 2023 RUTIK AMRUTRAO SARJE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. B N Gadegaonkar h/f S R Bagal APP for Respondent: Mr. K S Patil Advocate for intervenor - complainant : Mr. V P Kadam ...

CORAM : S. G. MEHARE, J.

Dated: March 09, 2023 ...

PER COURT :- 1.

Heard learned counsel for the applicant, learned APP for the State and learned counsel for the complainant. 2.

Learned counsel for the applicant submits that the applicant went to the house of the injured, asked about a boy and started assaulting him with a sword. Injury report shows that the injured suffered simple injuries. Alleged weapon has been recovered from the applicant. The learned counsel for the applicant would also submit that report was against unknown person. False report is filed against the applicant. He has committed no offence. He is 21 years old boy. Hence, he may be granted bail.

3.

Counsel appearing for the complainant would submit that there are antecedents to his dis-credit. He shall not be granted bail.

4.

Injuries suffered to the deceased appears to be simple. Weapon has been recovered. Two crimes are registered against the applicant. However, the applicant's age is one of the criteria to be considered to give him an opportunity to show improvement. Trial may take it's time. Considering the progress in the investigation and the nature of the incident, the applicant deserves bail, on stringent conditions. Hence, the following order.

O R D E R

(i) Bail Application is allowed.

(ii) The applicant Rutik Amrutrao Sarje be released on bail on executing P.B. and S.B. of Rs.50,000/- (Rupees fifty thousand) with one solvent surety in the like amount in connection with Crime No.234 of 2022, registered with Dharmabad Police Station, District Nanded for the offence punishable under Section 452, 307, 323, 504, 506 of the

Indian Penal Code and Section 4, 25 of the Indian Arms Act, on the following conditions :- .

The applicant shall not enter the village Dhanora (BK), Tq. Umri, District Nanded for a period of six months and report the concerned police station on telephone on every First Sunday between 10 am to 12 pm till he stays out of his village.

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