Shalaka W/O. Navnath Gaikwad And Others v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1002 OF 2023 SHALAKA W/O. NAVNATH GAIKWAD AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Subhash S Nade APP for Respondent: Mrs. Vaishali N Patil Jadhav ...

CORAM : S. G. MEHARE, J.

DATE : 27.06.2023 PER COURT :

1.

Heard the learned counsel for the applicants and the learned A.P.P. for the respondents/State.

2.

The applicants are seeking bail in Crime no. 150/2023 registered with Police Station Dharur, District Beed for the offences punishable under Sections 307, 326, 143, 147, 148, 149, 323, 427, 504 and 506 of the Indian Penal Code.

3.

Out of five accused two were physically challenged and remaining were the women. The F.I.R and counter F.I.R reveals that there was a free fight between two groups. Both are stating different reasons for quarrel. Considering the allegations levelled in the F.I.R

against the applicants, the applicants appear to have not played serious roles. General allegations are levelled against them that they also assaulted the injured with the stones and pelted stones. 4.

There is no recovery from the applicants. Considering the facts in totality the Court is of the view that further detention of the applicants would serve no purpose. Hence they deserve bail.

ORDER

(i) The application is allowed.

(ii) Applicant No.1 Shalaka W/o Navnath Gaikwad, applicant No.2 Sakharabai W/o Prakash Repe, applicant No.3 Savita W/o Laxman Repe, applicant No.4 Ajay S/o Sadashiv Bhise, applicant No.5 Rajabhau S/o Pralhad Repe be released on bail on furnishing P. B. and S.B. of Rs. 50,000/- each with one solvent surety of the like amount, in aforementioned crime registered with aforementioned police station, on the following conditions :- (a) They shall not tamper with the prosecution witnesses. (b) They shall not contact the injured or the witnesses till conclusion of the trial.

(c) They shall attend the police station as and when called by the Investigating Officer on written notice, till conclusion of the trial.

(d) They shall maintain the peace in the vicinity. ( S. G. MEHARE ) JUDGE