Amol Prakash Tate v. The State Of Maharashtra And Another

2024:BHC-AUG:11530 958-BA-782-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 782 OF 2024 AMOL PRAKASH TATE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Nilesh S. Ghanekar APP for Respondents : Ms. P. J. Bharad ...

CORAM : S. G. MEHARE, J.

DATE : 21-06-2024 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned A.P.P. for the respondents.

2.

The applicant seeks bail in C.R.No.0152 of 2024 registered with M.I.D.C. Cidco Police Station, Aurangabad, for the offences punishable under Sections 302 and 323 read with Section 34 of the Indian Penal Code and Section 135 of the Maharashtra Police Act. 3.

The incident happened in the hotel of the applicant. The C.C.T.V. footage was recorded. In the C.C.T.V. footage, nothing was appeared adverse against the applicant. On the contrary, he also received injury. He took the injured in the hospital and get admitted. There is no, prima facie, incriminating evidence against him except his presence on the spot of the incident. Probably, his presence may be there as the work of hotel was under progress.

958-BA-782-24.odt 4.

Considering the facts of the case and the role attributed to the applicant, it would be unjustifiable to keep him behind bar. Hence, the order :-

ORDER

i) The application is allowed.

ii) Applicant Amol Prakash Tate be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in the above crime for the aforesaid offences, on the conditions that, (a) He shall attend the police station as and when called by the Investigating Officer on written notice, till the filing of the chargesheet.

(b) He shall not tamper with the prosecution witnesses. (c) He shall not leave the place of residence till the filing of the chargesheet.

( S. G. MEHARE ) JUDGE rrd