Ganesh Popat Gaikwad v. The State Of Maharashtra

946-BA-1380-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1380 OF 2022 Ganesh Popat Gaikwad ..APPLICANT

VERSUS

State of Maharashtra ..RESPONDENT ....

Mr. V.M. Mhaske Patil, Advocate h/f Mr. N.B. Jadhav, Advocate for applicant Mr. A.V. Deshmukh, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT, J.

DATE : 13th 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. 147 of 2022 registered with Bembil Police Station, Dist. Osmanabad for the offences punishable under Sections 113, 147, 148, 149, 307, 326, 341, 323, 504 and 427 of the Indian Penal Code ('I.P.C.'). 2.

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

3.

The applicant is alleged to have pelted stone on Alto car and damaged the same. So far as other offences under the I.P.C. are concerned, 1 / 2

946-BA-1380-22.odt same are attributed with co-accused with the aid of Section 149 of the I.P.C. Since the applicant is not attributed with any of the other overt act, the Court is inclined to grant the applicant 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 applicant be released on bail, in connection with Crime No. 147 of 2022 registered with Bembil Police Station, Dist. Osmanabad for the offences punishable under Sections 113, 147, 148, 149, 307, 326, 341, 323, 504 and 427 of the Indian Penal Code, on executing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount. (III) The applicant shall not tamper with the prosecution evidence.

( R.G. AVACHAT, J. ) SSD 2 / 2