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Bombay High CourtBA/1316/2022application allowed

Sandip Sanjay Rathod And Another v. The State Of Maharashtra

2022-09-15Hon'Ble Shri Justice R. G. Avachat3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1316 OF 2022

1. Sandip Sanjay Rathod Age: 22 years, Occu.: Labour,

2. Rohit Sanjay Rathod Age: 20 years, Occu.: Labour, Both R/o Naldurga, Tq. Tuljapur, Dist. Osmanabad ..APPLICANTS

VERSUS

State of Maharashtra Through Police Inspector, Police Station Naldurga, Tq. Tuljapur, Dist. Osmanabad ..RESPONDENT ....

Mr. M.S. Karad, Advocate for applicants Mr. V.S. Badakh, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT, J.

DATE : 15th 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. 88 of 2022 registered with Naldurga Police Station, Dist. Osmanabad for the offences punishable under Sections 307, 353, 332, 504 and 506 read with Section 34 of the Indian Penal Code and under Sections 4 and 25 of the Arms Act.

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2.

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

3.

On investigation, the charge-sheet has been filed. The applicants have been behind the bars for about three months. The victims have suffered injuries simple in nature. It will take time for commencement and conclusion of trial. Although the applicants have criminal antecedents, considering the fact that on investigation the charge-sheet has been filed, the Court is inclined to grant them 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 applicants be released on bail, in connection with Crime No. 88 of 2022 registered with Naldurga Police Station, Dist. Osmanabad for the offences punishable under Sections 307, 353, 332, 504 and 506 read with Section 34 of the Indian Penal Code and under Sections 4 and 25 of the Arms 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 mark is attendance with Naldurga Police Station, Dist. Osmanabad twice a week i.e. on every Sunday and Thursday by 11:00 a.m. till next eight months. 2 / 3

(IV) The applicants shall not tamper with the prosecution evidence.

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