Sunny Sanjay Dake v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 968 BAIL APPLICATION NO. 1469 OF 2024 Sunny Sanjay Dake ....Applicant

VERSUS

The State of Maharashtra .....Respondent .....

Mr. S. G. Magre, Advocate for Applicant.

Mrs. M. N. Ghanekar, APP for the State.

CORAM : S. G. MEHARE, J.

DATE :3rd SEPTEMBER, 2024.

PER COURT :

1.

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

2.

Applicant running 19 seeks bail in Crime No. 0656/2023 registered with Tophkhana Police Station, District Ahmednagar, for the offences punishable under Sections 302, 201 read with Section 34 of Indian Penal Code.

3.

The incident happened at the juice center. Before the incident happened, the owner of the juice center was mocking with the deceased, so he lifted the tile at him. However, he being handicap the tile felled on his back. Thereafter suddenly the incident

- 2 - happened at some distance from the juice center. It seems that the Applicant lifted a stone and assaulted the deceased on head. The deceased died of the injuries sustained due to the assault by stone. The Applicant was arrested on 28.04.2023. The investigation in the crime has been complete. Incriminating article has also been collected. However, the circumstance in which the incident happened and the age of the Applicant are the factors to be considered in this case for grant of bail. The Court is of the view that the Applicant is a young boy and the incident happened in the peculiar circumstances and there are no antecedents to his discredit. In the circumstances, he may be released on bail. Hence, the following order :-

ORDER

(i) Bail Application is allowed.

(ii) Applicant Sunny Sanjay Dake be released on furnishing P.B. and S.B. of Rs. 50,000/- (Rs. Fifty Thousand only) with one solvent surety of like amount, in connection with Crime No. 0656/2023 for the above offences, on the following conditions : (a) He shall not enter the place of the residence where the eye-witness i.e. sister-in-law of the deceased resides, till conclusion of the trial.

- 3 - (b) He shall attend the trial on each and every day. ( S. G. MEHARE) Judge dyb