Amol Devidasrao Bhalerao And Another v. The State Of Maharashtra

2024:BHC-AUG:17951 958-BA-1303-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1303 OF 2024

1. AMOL DEVIDASRAO BHALERAO

2. AKSHAY @ KUNAL UDDHAVRAO THOKE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Azizoddin R. Syed APP for Respondent : Mr. S. B. Pulkundwar ...

CORAM : S. G. MEHARE, J.

DATE : 14-08-2024 PER COURT :- 1.

Leave granted to correct the name of applicant No.2. Amendment be carried out forthwith.

2.

Heard the learned counsel for the applicants and the learned A.P.P. for the respondent.

3.

The applicants seek bail in C.R.No.198 of 2024 registered with Kotwali Police Station, Parbhani, District Parbhani, for the offences punishable under Sections 307, 323, 504 and 506 read with Section 34 of the Indian Penal Code.

4.

It has been alleged against the applicants that they assaulted the first informant and the injured with knife. 5.

The applicants have a case that this is a false case lodged against them since the report was lodged by one of the injured.

958-BA-1303-24.odt The injuries suffered to the injured were simple. One injury is superficial.

5.

The learned A.P.P. submits that the offence is serious. The conduct of the applicant clearly shows that they had intention to kill the injured and the first informant. They had no reason to carry knife to Dargah.

6.

The record reveals that the allegations of assault have been levelled against the applicants. Though it is alleged that injuries were caused by knife, the injuries were simple. The material investigation against them has been completed. They are young of 24 and 29. They have no antecedent. Therefore, on certain conditions, they may be granted bail. Hence, the order:-

ORDER

i) The bail application is allowed.

ii) Applicants No.1 - Amol Devidasrao Bhalerao and No.2 - Akshay @ Kunal Uddhavrao Thoke, be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount each, in the above crime for the aforesaid offences, on the condition that they should not tamper with the prosecution witnesses.

( S. G. MEHARE ) JUDGE rrd