Ashok Ganesh Vaishnav v. The State Of Maharashtra

2024:BHC-AUG:12510 20-BA.520-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 20 BAIL APPLICATION NO. 520 OF 2024 ASHOK GANESH VAISHNAV

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. M. K. Bhosale & Mr. S. N. Pawde with Mr. Aditya Waghmare.

APP for Respondent-State : Ms. D. S. Jape.

...

CORAM : S. G. MEHARE, J.

DATE :

01.07.2024 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned APP for the respondent-State.

2.

The applicant seeks bail in Crime No.312 of 2023, registered with Kranti Chowk Police Station, District Aurangabad, for the offence punishable under Section 302 of the IPC.

3.

The applicant has been arrested in the present crime on the basis of last seen together. The mesne rea behind the crime was that the deceased was having Rs.1,40,000/- and it was lying in her house. The applicant was knowing that she had the money received from the transaction. Though, prosecution has a case that money was lying in the room, but it was not

20-BA.520-24.odt recovered from the applicant. There was no evidence to corroborate the allegations that she had any money from transaction. Nothing is to be recovered from the applicant. It was a case of smothering. Somebody applied the sticky strip on her face. Whatsoever the evidence collected by the prosecution against the applicant, it is not sufficient to keep him behind bar. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant ASHOK GANESH VAISHNAV be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of like amount on the following conditions : (a) He shall not tamper with the prosecution witnesses.

(b) He shall attend the trial on each and every date.

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

vmk/-