Nagesh @ Papyaa Balaji Chintamwad v. The State Of Maharashtra

2024:BHC-AUG:11828 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 938 BAIL APPLICATION NO.921 OF 2024 Nagesh @ Papyaa S/o Balaji Chintamwad, Age-22 years, Occu:Labour, R/o-Barav Galli, Mukhed, Tq-Mukhed, Dist-Nanded.

...APPLICANT

VERSUS

The State of Maharashtra, Through Police Station, Mukhed, Tq-Mukhed, Dist-Nanded.

...RESPONDENT ...

Mr. Upendra B. Bilolikar Advocate for Applicant. Ms. P.J. Bharad, A.P.P. for Respondent-State. ...

CORAM: S.G. MEHARE, J.

DATE : 25th JUNE, 2024 ORDER :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

Applicant seeks bail in Crime No. 82 of 2024 registered with Police Station Mukhed, Taluka-Mukhed, District-Nanded for

the offence punishable under Sections 307, 324 and 504 of the Indian Penal Code.

3.

Learned counsel for the applicant would submit that the First Information Report is exaggerated. The injured has suffered simple injuries. False allegations of demanding money to drink alcohol have been levelled against the applicant. Investigation has been completed and the charge-sheet has been filed. There are no antecedents to the discredit of the applicant. 4.

Learned APP strongly opposed the application. She would submit that preventive action has been taken under Section 107 of the Code of Criminal Procedure, against the applicant. FIR would show that the applicant assaulted the injured on his head with an intention to kill. Applicant is a goon and he may pressurize the witnesses as well as the first informant. 5.

The injury report shows that the victim has suffered simple injuries. There are no antecedents at the discredit of the applicant. The trial will take its own time. Nothing is to be recovered from the applicant. Therefore, it will not be appropriate to keep the applicant behind the bars. However, to

safeguard the interest of the witnesses and the prosecution, certain conditions have to be imposed:-

O R D E R

(I) Bail Application is allowed.

(II) Applicant - Nagesh @ Papyaa S/o Balaji Chintamwad be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount, in the above crime, on the condition that:- (a) applicant shall not tamper with the prosecution witnesses.

(b) Applicant shall stay away from Mukhed for four months from the date of his release. During this period he is allowed to attend the trial on each and every effective date.

(d) Applicant shall not indulge in the identical offence.

[ S.G. MEHARE , J. ] asb/JUNE24