Amol Dayanand Jagdale v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1111 OF 2022 Amol s/o Dayanand Jagdale ... APPLICANT

VERSUS

The State of Maharashtra ... RESPONDENT .......

Mr. A.B. Jagtap, Advocate for applicant Mr. S.P. Sonpawale, A.P.P. for respondent - State .......

CORAM :

R. G. AVACHAT, J.

DATE :

5th AUGUST, 2022.

PER COURT :

Heard. This is an application for bail under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.0546/2021, registered at Newasa Police Station, District Ahmednagar for the offences punishable under Sections 307, 341, 323, 504, 506 read with Section 34 of the Indian Penal Code and Section 142 of the Maharashtra Police Act.

2.

The name of the applicant does not figure in the F.I.R. On his arrest, he has been identified in the test

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identification parade. He has, however, not been attributed with any overt act. He is alleged to have had held the victim while the accused No.1 assaulted with an iron pipe on the head of the victim.

3.

It is informed that, the accused No.1 who is alleged to have assaulted the victim has been granted bail even before filing of the charge sheet. The role attributed to the present applicant in the offence in question is very much lesser than the one played by the main accused. Since the main accused has been granted bail, I am inclined to grant bail to the applicant. Hence the order :-

O R D E R

(i) The Bail Application is allowed.

(ii) The applicant be released on bail in connection with Crime No.0546/2021, registered at Newasa Police Station, District Ahmednagar for the offences punishable under Sections 307, 341, 323, 504, 506 read with Section 34 of the Indian Penal Code and Section 142 of the Maharashtra Police Act on his executing P.R. bond in the sum of Rs.15,000/- (Rupees fifteen thousand) with one surety in the like amount.

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(iii) The applicant shall not tamper with the prosecution evidence.

( R. G. AVACHAT ) JUDGE fmp/-