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Bombay High CourtBA/795/2023application allowed

Sainath Babu Devkar v. The State Of Maharashtra

2023-07-03Hon'Ble Shri Justice S. G. Mehare2 pages

28-BA-795-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.795 OF 2023 SAINATH BABU DEVKAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Granthi Manpreet Ajeet Singh APP for Respondent : Mr. Y. G. Gujrathi ...

CORAM :

S. G. MEHARE, J.

DATE :

03-07-2023 PER COURT :- 1.

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

2.

The applicant is seeking bail in C.R.No.0414 of 2022 registered with Bhokar Police Station, Nanded, for the offence punishable under Section 395 of the Indian Penal Code. 3.

The applicant was familiar with the victim. He had promised him to provide gold. However, the fraud was played and amount of Rs.5,00,000/- was snatched by the co-accused who are still absconding. The applicant was immediately taken to the police station. He cannot be detained in jail for absconding the other coaccused. However, he has shown his bona fides. He is ready to deposit of Rs.1,50,000/- with the trial court. That apart, nothing

28-BA-795-23.odt remained to be recovered from him. There are no antecedents to the discredit of the applicant. Hence, he may be granted bail. Therefore, the order :- i) The bail application is allowed.

ii) Applicant Sainath Babu Devkar 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.0414 of 2022 registered with Bhokar Police Station, Nanded, for the offence punishable under Section 395 of the Indian Penal Code, on the conditions that, (a) He shall not tamper with the prosecution witnesses. (b) He shall deposit Rs.1,50,000/- with the trial Court within six weeks from today.

(c) He shall not be released on bail unless he deposits Rs.1,50,000/-.

(d) The complainant is permitted to withdraw the said amount on the condition that he shall re-deposit the same, if the applicant is acquitted.

( S. G. MEHARE ) JUDGE rrd