Bhaskar Avchitrao Borde v. The State Of Maharashtra

941- B.A. No. 1196-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1196 OF 2023 BHASKAR AVCHITRAO BORDE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. A. S. Radikar APP for Respondent: Mrs. Vaishali N Patil Jadhav ...

CORAM : S. G. MEHARE, J.

DATE : 27.07.2023 PER COURT :

1.

Heard the learned counsel for the applicant and the learned A.P.P for the respondent State.

2.

The applicant is seeking bail in Crime No. 170/2023 registered with Police Station, Sillod Rural, District Aurangabad, for the offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code.

3.

The F.I.R does not disclose that the applicant was the assailant or played an active role. There are bare allegations against him that he took away the sickle and the wooden log allegedly used for the assault. Considering the allegations against him, the Court is of the view that

941- B.A. No. 1196-2023.odt his role is limited to removing the weapon from the spot of the incident. The alleged weapons have been seized in the crime. Therefore, this court is of the view that the applicant deserves bail. Hence, the following order :-

ORDER

(i) The application is allowed.

(ii) Applicant Bhaskar Avachitrav Borde be released on bail, on furnishing P.B. and S.B. of Rs. 50,000/- with one solvent surety of the like amount in C.R. No.170/2023 registered with Police Station Sillod Rural, District Aurangabad for the offence punishable under Section 302 and 201 read with Section 34 of the Indian Penal Code on the conditions that (a) He shall not tamper with the prosecution witnesses. (b) He shall attend the concerned police station as and when called on written notice by the investigating officer, till filing the charge sheet.

( S. G. MEHARE ) JUDGE ysk