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Bombay High CourtBA/1425/2020disposed off

Jitendra @ Jitu Harchand Gayakwad v. The State Of Maharashtra

2020-12-16Hon'Ble Shri Justice V.K. Jadhav3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 BAIL APPLICATION NO.1425 OF 2020 JITENDRA @ JITU HARCHAND GAYAKWAD

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Choudhari N. L.

APP for Respondent : Mr. S P Deshmukh Advocate for informant/assist to APP : Mr. V P Raje ...

CORAM : V.K. JADHAV, J.

Dated : December 16, 2020 ...

PER COURT :- 1.

The applicant is seeking regular bail in connection with crime No.78 of 2020 registered with Shirpur Taluka police station, District Dhule for the offences punishable under Sections 306, 504, 506 of IPC. His application bearing Criminal Bail application No.1017 of 2020 with similar prayer came to be rejected by the learned Additional Sessions Judge-3, Dhule vide order dated 23.11.2020.

2.

Heard both sides and also the learned counsel appearing for the informant.

3.

Investigation is over and charge-sheet has been submitted. Though, name of the applicant is mentioned in the FIR with the specifc role attributed to him, however, it appears that there was some money transaction between the applicant and the husband of the informant. The applicant allegedly given certain amount as hand loan to the deceased husband of the informant and insisted for the repayment of the said amount continuously. It has been alleged in the complaint that though deceased husband of the informant has agreed to repay the amount by tendering Rs.2,000/- per day, however, failed to do so. Thus, on 30.8.2020 husband of the informant had committed suicide. The applicant is in jail in connection with the present crime since 16.9.2020. Further detention of the applicant in connection with the present crime is unwarranted and uncalled for. There is no criminal history. Thus, considering the entire aspect of the case, I am inclined to release the applicant on bail with certain conditions. Hence, following order.

O R D E R

I.

Application is hereby allowed.

II.

The applicant JITENDRA @ JITU HARCHAND GAYAKWAD in connection with crime No.78 of 2020 registered with Shirpur Taluka police station, District Dhule for the offences punishable under Sections 306, 504, 506 of IPC be released on bail on furnishing personal bond of Rs.20,000/- (Rs. Twenty Thousand) with one solvent surety of the like amount on following conditions :- a) The applicant shall not tamper with the prosecution evidence in any manner.

b) The applicant shall not meet or communicate the informant in any manner in connection with the said alleged loan transaction between the applicant and the deceased husband of the informant.

III.

Bail application is disposed off.

( V.K. JADHAV, J. ) ...