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Bombay High CourtBA/743/2023application allowed

Santosh Abhiman Garje v. The State Of Maharashtra

2023-05-02Hon'Ble Shri Justice S. G. Mehare2 pages

49-BA-743-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.743 OF 2023 WITH APPLN/1691/2023 IN BA/743/2023 SANTOSH ABHIMAN GARJE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Rajendra G. Hange, Mr. A. R. Hange APP for Respondent : Mr. S. B. Narwade Advocate for Complainant : Mr. Nilkanth P. Bangar ...

CORAM :

S. G. MEHARE, J.

DATE :

02-05-2023 PER COURT :- 1.

Heard the learned counsel for the applicant, the learned A.P.P. for the respondent/State and the learned counsel for the complainant/father of the deceased.

2.

The applicant is seeking bail in C.R.No.38 of 2023 registered with Amalner Police Station, Taluka Patoda, District Beed, for the offences punishable under Sections 305, 306, 323, 506 read with Section 34 of the Indian Penal Code.

3.

Perused the papers submitted by the learned counsel for the respective parties.

4.

The papers reveal that the applicant was in love with a minor girl. Before committing suicide, he sent a message to the said girl and his father. In the message sent him on WhatsApp messenger, he has taken the names of few persons. The message shows that

49-BA-743-23.odt the deceased was in one sided love with the said girl. However, the message does not describe the applicant was threatening him. Reading the papers, it appears that it is a case of one sided love by a minor child. Nothing is to be recovered from the applicant. Whether the applicant has abetted the deceased to commit suicide, is a matter of evidence before the trial Court. In view of that matter, the applicant deserves bail. Hence, the order:- i) Bail Application is allowed.

ii) Applicant Santosh Abhiman Garje be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in C.R.No.38 of 2023 registered with Amalner Police Station, Taluka Patoda, District Beed, for the offences punishable under Sections 305, 306, 323, 506 read with Section 34 of the Indian Penal Code, on the conditions that he shall not tamper with the prosecution witnesses. iii) Criminal Application No.1691 of 2023 stands disposed of. ( S. G. MEHARE ) JUDGE rrd