Balaji Tolba Gunthe v. The State Of Maharashtra

7-BAs.992 and 993 of 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.992 OF 2022 Balaji s/o. Tolba Gunthe ..Applicant Vs.

The State of Maharashtra ..Respondent AND BAIL APPLICATION NO.993 OF 2022 Rajusing s/o. Mayasing Bawri ..Applicant Vs.

The State of Maharashtra ..Respondent ---- Mr.B.N.Gadegaonkar, Advocate for applicant in BA No.992 of 2022 Mr.S.R.Bagal, Advocate for applicant in BA No.993 of 2022 Mr.S.P.Sonpavale, APP for respondent ---- CORAM : R.G. AVACHAT, J.

DATE : AUGUST 02, 2022 ORDER :- These applications have been filed under Section 439 of the Code of Criminal Procedure. The applicants have been arrested in connection with Crime No.319 of 2022 registered with Taluka Jalna Police Station, Dist. Jalna.

2.

Heard learned counsel appearing for the parties. 3.

Learned APP would submit that the charge sheet has been filed on 29.07.2022. Applicant - Rajusing has criminal antecedents.

7-BAs.992 and 993 of 2022 Over 12 serious offences have been registered against him. He, therefore, urged for rejection of the applications. 4.

The applicants herein and three others are alleged to have had come together and prepared to commit dacoity. They were found in possession of the articles of house breaking such as, chilly powder, weapon like dagger, wooden log, etc. 5.

Both the applicants have been behind the bars since 02.06.2022. Applicant - Balaji has no criminal antecedents. Mr.Bagal, learned counsel for the applicant - Rajusing, submits that although applicant - Rajusing has criminal antecedents, in almost all the cases, he was taken into custody on suspicion. In those cases, name of the applicant - Rajusing was not stated in the concerned FIR. After his long incarceration, he has been acquitted under the offence of M.C.O.C. Act.

6.

In view of the above and considering the nature of the offence, the Court is inclined to grant bail to both the applicants. Hence, the following order:- (i) Both the applications are allowed.

7-BAs.992 and 993 of 2022 (ii) The applicants be released in connection with Crime No.319 of 2022 registered with Taluka Jalna Police Station, Dist. Jalna, on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) each with one surety each in the like amount. (iii) The applicants shall not tamper with the prosecution evidence in any manner.

(iv) Applicant - Rajusing Mayasing Bawri shall attend Umri Police Station, Dist. Nanded, every alternate day between 11:00 p.m. and 12:00 in the midnight, till conclusion of the trial. [R.G. AVACHAT, J.] KBP