Manoj Julal Gaikwad v. The State Of Maharashtra

921-ba-991-2023.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 991 OF 2023 Manoj Julal Gaikwad ...Applicant

VERSUS

The State of Maharashtra

...Respondent

...

Mr. Harshal Prakash Randhir, Advocate for the applicant. Mr. K.S. Patil, APP for the respondent-State. ...

CORAM : S.G. MEHARE, J.

DATED : JULY 26, 2023 PER COURT:- 1.

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

2.

The applicant is seeking bail in Crime No.225 of 2022 registered with Jalgaon City Police Station, District Jalgaon for the offence punishable under Section 302 r/w 34 of the Indian Penal Code.

3.

The prosecution case is solely based upon the circumstantial evidence. The sole evidence the prosecution had was the CCTV footage. The chemical analysis report of the CCTV footage has been called. It has been opined in the said report that it is difficult to identify the persons captured in the CCTV footage. Nothing is recovered from the applicant. Hence, it may be stated that at this juncture, there are no strong circumstances against the

921-ba-991-2023.odt (2) applicant. He is languishing in jail since 21.07.2022. The charge sheet has been filed. There were no antecedents to the discredit of the applicant. Hence, the following order :

ORDER

(i) Bail Application is allowed.

(ii) The applicant, Manoj Julal Gaikwad, 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 effective date. (S.G. MEHARE, J.) Mujaheed//