Kiran Magansingh Rajput v. The State Of Maharashtra

937-ba-1324-2023.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1324 OF 2023 KIRAN MAGANSINGH RAJPUT

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. D.S. Ingole h/f Mr. Ghanekar Nilesh S. APP for Respondent/State : Ms. V.N. Patil Jadhav ...

CORAM : S.G. MEHARE, J.

DATED : AUGUST 08, 2023 PER COURT:- 1.

Heard learned counsel for the applicant and learned APP for the State.

2.

The applicant seeks bail in Crime No.385 of 2023 registered with Vaijapur Police Station, District Aurangabad for the offences punishable under Sections 306, 504, 506 r/w 34 of the Indian Penal Code.

3.

The prosecution has a case that the applicant had lend money to the deceased on interest. The entire money was returned to the applicant by the deceased, but the applicant was not satisfied. Hence, the deceased committed suicide.

4.

The applicant has a case that since the cheque issued by the brother of the deceased was not encashed, the proceeding under Section 138 of Negotiable Instruments Act was pending against his brother. The applicant never threatened the deceased. The applicant

937-ba-1324-2023.odt (2) never insisted for extra money as alleged. Nothing is to be recovered from him.

5.

Considering the allegations levelled against the applicant and the nature of dispute, the Court is of the view that the applicant deserves bail. Hence, the following order :

ORDER

(i) Bail Application is allowed.

(ii) The applicant, Kiran s/o Magansingh Rajput, be released on bail on executing P.B. and S.B. of Rs.50,000/- (Rupees fifty thousand) with one solvent surety in the like amount in connection with the above crime, on the conditions that he shall not tamper with the prosecution witnesses.

(iii) The applicant shall attend the concerned police station as and when called on written notice by the investigating officer, till filing the charge sheet.

(S.G. MEHARE, J.) Mujaheed//