Navnath Radhakishan Bhalekar And Another v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1304 OF 2022

1. Navnath Radhakishan Bhalekar Age: 26 years, Occu.: Agri.,

2. Mukund Nanasaheb Bhalekar Age: 35 years, Occu.: Business, Both R/o Nipani, Tq. & Dist. Aurangabad ..APPLICANTS

VERSUS

State of Maharashtra ..RESPONDENT ....

Mr. A.K. Bhosle, Advocate h/f Mr. D.R. Gavhad, Advocate for applicants Mr. V.S. Badakh, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT, J.

DATE : 06th SEPTEMBER, 2022 PER COURT :

1.

This is an application for bail under Section 439 of Code of Criminal Procedure. The applicants have been arrested in connection with Crime No. 110 of 2022 registered with Chikalthana Police Station, Dist. Aurangabad for the offences punishable under Sections 307, 324, 323, 326, 143, 147, 148, 149, 427, 504 and 506 of the Indian Penal Code, under Sections 4 and 25 of Arms Act and under Section 135 of the Maharashtra Police Act.

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2.

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

3.

The F.I.R. has been lodged by the victim herself on 24th March, 2022. The applicants have not been named in the F.I.R. since the informant did not know them. As per the case of the prosecution, the applicants have not assaulted the informant. The applicants allegedly assaulted one injured viz. Shaikh Abdul Raheman. The injury certificate of Shaikh Abdul Raheman indicates him to have suffered simply injuries. On investigation, the chargesheet has been filed. Considering the role played by the applicants in the alleged offence and the fact that the charge-sheet has been file, the Court is inclined to grant the application.

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 applicants be released on bail, in connection with Crime No. 110 of 2022 registered with Chikalthana Police Station, Dist. Aurangabad for the offences punishable under Sections 307, 324, 323, 326, 143, 147, 148, 149, 504, 506 and 427 of the Indian Penal Code, under Sections 4 and 25 of Arms 2 / 3

Act and under Section 135 of the Maharashtra Police Act., on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) each with one surety in the like amount. (III) The applicants shall not tamper with the prosecution evidence.

( R.G. AVACHAT, J. ) SSD 3 / 3