Rahul Ganesh Magar v. The State Of Maharashtra

940-BA-1291-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1291 OF 2022 Rahul Ganesh Magar ..APPLICANT

VERSUS

State of Maharashtra ..RESPONDENT ....

Mr. A.D. Shinde, Advocate for applicant Mr. V.S. Badakh, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT, J.

DATE : 13th SEPTEMBER, 2022 PER COURT :

1.

This is an application for bail under Section 439 of Code of Criminal Procedure. The applicant has been arrested in connection with Crime No. 1 of 2022 registered with Kopargaon City Police Station, Dist. Ahmednagar for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code.

2.

Heard. Perused the First Information Report ("F.I.R.") and related police papers.

3.

After having gone through the F.I.R. and statement of eye witness viz. Bharat Kurhade it appears that the applicant assaulted the deceased with 1 / 2

940-BA-1291-22.odt fist and kick blows. The deceased died of head injury. On investigation, the charge-sheet has been filed. It will take time for commencement and conclusion of trial. In this factual scenario, the Court is inclined to grant the applicant bail.

4.

In view of above, the application deserves to be allowed. Hence I pass the following order :-

ORDER

(I) The bail application is allowed.

(II) The applicant be released on bail, in connection with Crime No. 1 of 2022 registered with Kopargaon City Police Station, Dist. Ahmednagar for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount. (III) The applicant shall not tamper with the prosecution evidence.

( R.G. AVACHAT, J. ) SSD 2 / 2