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Bombay High CourtBA/613/2025application allowed

Ajinkya Ravindra Salve v. The State Of Maharashtra

2025-04-25Hon'Ble Shri Justice Abhay S. Waghwase3 pages

2025:BHC-AUG:11922 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO. 613 OF 2025 Ajinkya s/o Ravindra Salve Age 23 years, Occupation Labour, R/o. Chetananagar, Harsool, Aurangabad.

... Applicant

Versus

The State of Maharashtra (Through Phulambri Police Station, District Aurangabad.

... Respondent .....

Mr. Nilesh S. Ghanekar, Advocate for the Applicant. Mr. V. M. Chate, APP for Respondent-State.

.....

CORAM :

ABHAY S. WAGHWASE, J.

Reserved on : 24.04.2025 Pronounced on : 25.04.2025 ORDER :

1.

Applicant seeks grant of regular bail on account of his arrest in crime no. 388 of 2024 registered at Phulambri Police Station, District Chh. Sambhajinagar (Rural), for offences punishable under Sections 103(1), 103(2), 109, 115(2), 189(2), 191(2), 191(3), 190 of the Bharatiya Nyaya Sanhita (BNS).

2.

It is submitted that applicant is arrested in above crime on 24th August 2024. FIR is on hearsay information. Who actually assaulted is not getting clear though identification parade has been conducted.

-2Incident is a fall out of minor quarrel on picking up apple from the apple cart. Applicant is named merely because he was present there. There is no overt act attributed to him. Resultantly, no recovery or discovery is to be made at his instance. Charge sheet is also filed on 31.10.2024 and as no further recovery or discovery is to be made at his instance and future course of trial being uncertain, he urges for grant of bail.

3.

Learned APP conceded that as regards present applicant is concerned, no overt act is attributed to him and he was merely present there. That, main allegations are against other accused. 4.

Considering the above, when no further recovery or discovery is to be made at applicant's instance and in the light of above submissions, prayers raised deserve to be granted. Hence, I proceed to pass the following order:

ORDER

I.

The application is allowed.

II.

Applicant be released on bail in connection with Crime No. 388 of 2024 registered at Phulambri Police Station, District Chh. Sambhajinagar (Rural), on executing Personal Bond of Rs. 15,000/- with one surety in the like amount, on the following conditions:

-3- [a] The applicant shall not tamper prosecution evidence. [b] The applicant shall not leave the area of jurisdiction of the concerned police station till framing of charge. [c] The applicant shall attend the concerned police station twice in every week i.e. on every Monday and Thursday till framing of charge and thereafter, shall regularly attend each and every effective date before the trial court.

[ABHAY S. WAGHWASE, J.] vre