Nana Baban Surawase v. Ranjit @ Chotya Ashok Gunjal And Another

927-ba-790-2023.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.790 OF 2023 WITH APPLN/2021/2023 IN BA/790/2023 RANJIT @ CHOTYA ASHOK GUNJAL

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Menezes Joslyn A APP for Respondent/State : Mr. S.P. Deshmukh Advocate for Complainant/Assist to P.P. : Mr. Mahesh S. Bhosale ...

CORAM : S.G. MEHARE, J.

DATED : JUNE 20, 2023 PER COURT:- 1.

Heard learned counsel for the applicant, learned APP for the State and learned counsel for the first informant/injured. 2.

The applicant is seeking bail in Crime No.9 of 2023 registered with Ashti Police Station, District Beed for the offence punishable under Section 302, 307, 326, 324, 323, 504, 506, 143, 147, 148, 149 of Indian Penal Code and Section 37(1) and 37(3) of Maharashtra Police Act.

3.

The incident happened in the house of one of the coaccused. The incident has been captured in the CCTV footage. Though the first informant alleged that the applicant assaulted him with iron rod, the CCTV footage does not support his contention. It was a CCTV footage of 15 minutes. In the CCTV footage it is seen

927-ba-790-2023.odt (2) that the applicant did not assault anybody but he was restraining one of the co-accused from assault. There are no antecedents to his discredit. Considering the role attributed to the applicant as captured in CCTV footage, the Court is of the view that his detention would be fruitless. Hence, the following order :

ORDER

(i) Bail Application is allowed.

(ii) The applicant, Ranjit @ Chotya Ashok Gunjal, be released on bail on executing P.B. and S.B. of Rs.50,000/- (Rupees fifty thousand) with one solvent surety in the like amount in connection with the above crime, on the conditions that he shall not tamper with the prosecution witnesses.

(iii) The applicant shall attend the trial on each and every date. (iv) The applicant shall not contact the co-accused till conclusion of the trial.

(v) Criminal Application No.2021 of 2023 is allowed. (S.G. MEHARE, J.) Mujaheed//