Pawan Manohar Chaudhari v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1257 OF 2023 PAWAN MANOHAR CHAUDHARI

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Shaikh Nasimoddin Rafiyoddin APP for Respondent: Mrs. Vaishali N Patil Jadhav ....

CORAM : S. G. MEHARE, J.

DATE : 04.08.2023 PER COURT :

1.

Heard the learned counsel for the applicant and the learned A.P.P. for the respondent/State.

2.

The applicant has been arraigned as an accused in Crime No. 63 of 2023 registered with Police Station Bhusawal, District Jalgaon, for the offences punishable under Section 400, 401, 386, 393, 324, 342, 109,323, 506, 427, 212 read with Section 34 of the Indian Penal Code and Sections 3/25, 25/6, 25/7, 25/8 of the Arms Act and Sections 37(1), 37(3), 135 of the Maharashtra Police Act. 3.

It has been alleged against the accused that he used to extract money from the first informant and his friends. On the day of the

incident, the applicant and co-accused obstructed the first informant and his friends. Applicant and other co-accused started demanding money by saying that if they want to proceed from that lane, they shall have to pay the money. It has been alleged against the applicant that he caught hold the victim Ganesh and searched his pocket but he did not find money. Bare allegations are levelled against him that the applicant assaulted one of the victims Kunal. There are seven cases registered against the applicant for the offence punishable under the Maharashtra Prohibition Act. While dealing with the application for bail the role attributed to the applicant in the crime, in which he has been arrested has to be examined. Considering the role attributed to the applicant in this case, it seems that he was with the co-accused and only searched pocket of one of the victims. Hence, further detention of the applicant would serve no purpose. However, considering his past, certain conditions may be imposed

ORDER

(i) The application is allowed.

(ii) Applicant Pawan Manohar Chaudhari be released on bail on furnishing P.B. and S. B. of Rs. 50,000/- with one solvent surety of the like amount, in aforementioned crime registered with aforementioned police station, on the following conditions :-

(a) He shall not tamper with the prosecution witnesses. (b) He shall attend the trial on each and every date. (c) He shall not indulge in the similar crime.

(d) He shall furnish his cell phone number and residence proof with an undertaking to the concerned Investigating Officer or the Police Station Officer that he shall not change his cell phone number and shall keep informed the concerned Police Station Officer about leaving from his residence to other town/village till conclusion of the trial.

(e) The applicant shall not contact other co-accused. ( S. G. MEHARE ) JUDGE ysk