Pooja Mohan Kamble v. The State Of Maharashtra And Another

2024:BHC-AUG:10991

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 34 BAIL APPLICATION NO. 794 OF 2024 WITH CRIMINAL APPLICATION NO. 2032 OF 2024 IN BA/794/2024 NAVNATH EKNATH WAGHMODE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Abhaysinh K. Bhosle. APP for Respondent-State : Ms. D. S. Jape.

...

CORAM : S. G. MEHARE, J.

DATE :

18.06.2024 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned APP for the respondent-State. However, learned counsel for the first informant is absent.

2.

The applicant seeks bail in Crime No.123 of 2024, registered with Mukundwadi Police Station, District Aurangabad, for the offence punishable under Section 307 read with Section 34 of the IPC.

3.

The applicant and injured were acquainted with each other. The applicant suddenly came on the spot and started assaulting victim/injured with knife on his back. On this allegation, the first information report was registered. The

applicant has been arrested on 03.04.2024. Since then, he is behind bar. The alleged weapon used in the crime has been recovered from him.

4.

The applicant seeks bail on the ground that there was no use of weapon as alleged. He has been falsely implicated in the crime. There are no antecedents to his discredit. He is a young boy of 25 years. The investigation is completed. Nothing is to be recovered from him.

5.

Learned APP has opposed the application contending that the offence is serious. Suddenly, the applicant came and stabbed the injured on back. The co-accused has been granted bail, as he intervened the quarrel. His role is different. 6.

Perused the papers. The injury report shows that the injuries were simple in nature and not deep. The injured has been discharged from the hospital. Considering the nature of the injury and the age of the applicant, it would not appropriate to keep him behind bar with harden criminals. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant NAVNATH EKNATH WAGHMODE be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of like amount, on the condition to attend the Police Station on every Tuesday between 11.00 a.m. to 3.00 p.m. till the charge sheet is filed.

(iii) Criminal Application No.2032 of 2024 stands disposed of.

(S. G. MEHARE, J.) ...

vmk/-