Sainath Pandhari Telange v. The State Of Maharashtra

2024:BHC-AUG:17358 954-ba-1311-2024.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1311 OF 2024 Sainath Pandhari Telange

VERSUS

The State Of Maharashtra ...

Advocate for Applicant : Mr. Swami Sandeep C APP for Respondent/State : Mr. S.B. Pulkundwar ...

CORAM : S.G. MEHARE, J.

DATED : AUGUST 08, 2024 PER COURT:- 1.

Heard learned counsel for the applicant and learned APP for the State.

2.

The applicant seeks bail in Crime No.190 of 2024 registered with Kingaon Police Station, District Latur for the offence punishable under Sections 103(1), 49 of the Bhartiya Nyay Sanhita, 2023.

3.

The learned counsel for the applicant submits that there is absolutely no evidence against the applicant. However, the story has been cooked against him that since his relative was killed, he was saying that he would take revenge. Nothing incriminating has been recovered from him. He has been made a scapegoat. Hence, he may be granted bail.

4.

The learned APP would submit that the past words of the applicant were sufficient to believe that he was the main accused. He

954-ba-1311-2024.odt (2) put his words into action and killed the deceased. The co-accused who has actually committed the crime is a servant of his uncle. There is great possibility of having a link of the applicant with the crime. 5.

Except the earlier words of the applicant that he would revenge and take life of the deceased, the prosecution has no material against the applicant. There are no allegations against the applicant that he played an active role in the crime. The material investigation against him has been completed. Nothing is to be recovered from him. The main accused has been granted bail and weapons have been recovered at his instance. In the circumstances, the applicant deserve bail. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant, Sainath Pandhari Telange, be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount in the above crime, on the conditions that; (a) The applicant shall not tamper with the prosecution witnesses and shall attend the trial on each and every date.

(S.G. MEHARE, J.) Mujaheed//