Balkrushn Dadarao Ghuge v. The State Of Maharashtra
2024:BHC-AUG:19707
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
992 BAIL APPLICATION NO. 1375 OF 2024 BALKRUSHN DADARAO GHUGE
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr.Deshpande Jagdish V. and Mr.Dudhate Shivaji Namdevrao APP for Respondent/State : Mr.R.K. Ingole ...
WITH CRIMINAL APPLICATION NO. 3473 OF 2024 IN BA/1375/2024 WAMAN GAMAJI GHUGE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr. Dhakane Ramesh Navanath APP for Respondent/State : Mr.R.K. Ingole ...
CORAM :
SHIVKUMAR DIGE, J.
DATE :
28th August, 2024.
P.C.:
1.
For the reasons stated in the application, Criminal Application No.3473 of 2024 for assist to P.P. is allowed. 2.
In Bail Application No.1375 of 2024, the applicant is seeking regular bail in connection with FIR No.269 of 2024 registered with Police Station Phulambri, Dist. Chhatrapati Sambhajinagar, for the offences punishable under sections 307, 324, 323, 506 read with 34 of the Indian Penal Code (For short, "IPC").
3.
It is prosecution's case that on 17th June, 2024, at about 1:30 p.m., the applicant along with co-accused came to the agricultural land
of the informant with iron rod and sickle and started beating the informant. It is alleged that the applicant assaulted the informant by iron rod on hand, leg and back of the informant. Co-accused assaulted witness Pradeep by sickle. Result of the assault is that the informant and Pradeep sustained the injuries.
4.
It is contention of the learned counsel for the applicant that the applicant has been arrested by the police on 14th July, 2024. Since then he is behind bar. The weapon used in the crime by the applicant has been recovered. Investigation is almost completed. The applicant is Karta of his family. Further detention of the applicant is not required and requested to allow the application.
5.
It is contention of the learned APP that the applicant along with co-accused assaulted the informant and witness Pradeep with iron rod and sickle with an intention to kill them. The informant and witness has sustained serious injuries. If the applicant is released on bail, he may threaten the informant and prosecution witness and requested to reject the application.
6.
I have heard both the learned counsel. Perused the F.I.R. and police papers produced on record.
7.
The allegations against the applicant are that he assaulted the informant with iron rod. The applicant is behind bar more than one month. Weapon used in the crime has been recovered at the instance of applicant. It may take time to conclude the trial. The applicant is
Karta of his family. Considering these facts, further detention of the applicant is not required and I pass the following order :-
ORDER
(i) The application is allowed.
(ii) The applicant in connection with FIR No.269 of 2024 registered with Police Station Phulambri, Dist. Chhatrapati Sambhajinagar, for the offences punishable under sections 307, 324, 323, 506 read with 34 of the Indian Penal Code be released on executing personal bond in the sum of Rs.20,000/- with one surety of the like amount, on the following conditions :- (a) the applicant shall not pressurize the prosecution witnesses and tamper with the prosecution evidence [ SHIVKUMAR DIGE, J. ] sga