Bhargao Vishwas Gadhe v. The State Of Maharashtra

930-BA-594-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.594 OF 2023 BHARGAO VISHWAS GADHE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Shaikh Mohammad Naseer A APP for Respondent: Mr. S. B. Narwade ....

CORAM : S. G. MEHARE, J.

DATE : 26.04.2023 PER COURT :

1.

Heard the learned counsel for the applicant and the learned A.P.P. for respondent/State.

2.

The applicant is seeking bail in Crime No.297 of 2022 registered with Muktainagar Nagar Police Station, District Jalgaon for the ofences punishable under Sections 302, 201 and 404 of the Indian Penal Code.

3.

Perused the papers. It appears that active role is played by the father of the applicant. He seems to be with his father all the time. The recovery of the weapon is also at the instance of the father who is co-accused. The evidence collected by the investigating ofcer in the crime do not show the role of the

930-BA-594-23.odt applicant, constituting not more than ofence under Section 201 of the Indian Penal Code. Considering the peculiar role attributed to the applicant, the Court is of the view that his detention would not serve the purpose. Hence, the following order :-

ORDER

(i) The application is allowed.

(ii) Applicant Bhargao Vishwas Gadhe be released on bail on furnishing P. B. and S.B. of Rs. 50,000/- with one solvent surety of the like amount, in aforementioned crime registered with aforementioned police station, 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 ) JUDGE ysk