Eknath @ Vijay Dattatray Karale v. The State Of Maharashtra

953-BA-1499-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1499 OF 2022 Eknath @ Vijay Dattatray Karale ... Applicant

Versus

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

Mr. A. D. Aghav, Advocate for applicant Mr. R. B.Bagul, APP for R-State ....

CORAM : R. G. AVACHAT, J.

DATED : 27th SEPTEMBER, 2022 PER COURT :- .

This is an application for bail under Section 439 of the Code of Criminal Procedure. The applicant has been arrested in connection with Crime No.632/2022, registered at M.I.D.C. Police Station, Ahmednagar, District Ahmednagar, for the offences punishable under Sections 307, 504, 506 read with 34 of the Indian Penal Code.

2.

Heard. Perused the First Information Report (FIR), injury certificate and the papers of investigation so far made.

(( 2 )) 953-BA-1499-2022 3.

Admittedly, there is civil dispute over the agricultural land. A suit is sub-judice in Court of law. The applicant is alleged to have assaulted the informant with an axe. Injury certificate indicates the informant to have suffered simple injury. Eye witnesses to the incident suggest the applicant to have used a stick. The applicant is behind the bars since August 2022. It will take time for completion of investigation and consequential filing of charge-sheet. In the aforesaid factual backdrop, pretrial detention of the applicant appears to be unwarranted. Hence, following order:

O R D E R

(i) The Bail Application is allowed.

(ii)The applicant be released on bail in connection with Crime No.632/2022, registered at M.I.D.C. Police Station, Ahmednagar, District Ahmednagar, for the offences punishable under Sections 307, 504, 506 read with 34 of the Indian Penal Code, on his executing P. R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with surety bond of the like amount. (iii)The applicant shall not tamper with the prosecution evidence.

[ R. G. AVACHAT, J. ] SMS