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Bombay High CourtBA/1508/2024application allowed

Kapil Bhikan Wagh And Another v. The State Of Maharashtra

2024-10-04Hon'Ble Shri Justice S. G. Mehare2 pages

2024:BHC-AUG:23774 928-BA.1508-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 BAIL APPLICATION NO. 1508 OF 2024

1. KAPIL BHIKAN WAGH

2. PREM GHANSHAYM WAGH

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Wagh Mukulanand R. APP for Respondent-State : Mr. A. S. Shinde.

...

CORAM : S. G. MEHARE, J.

DATE :

04.10.2024 PER COURT :- 1.

Heard the learned counsel for the applicants and learned APP for the respondent-State.

2.

The applicants seek bail in Crime No.254 of 2024, registered with Sakri Police Station, District Dhule, for the offences punishable under Sections 109, 189(2), 189(3), 189(4), 191(2), 191(3), 190, 189(5) of the Bharatiya Nyaya Sanhita.

3.

It is a case of rioting between the persons belonging to different religion. Both sides have lodged the reports. The assailants from both sides have been arrested. The FIR did not reflect the specific role attributed to the applicants. The material investigation against the applicants have been

928-BA.1508-24.odt completed. Since it was a riot, it may take long time to complete the investigation. They are behind bar for more than two months. Their detention would serve no purpose. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant Nos.1. KAPIL BHIKAN WAGH, 2. PREM GHANSHAYM WAGH be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety of like amount each, on the following conditions : (a) The applicants should not tamper with the prosecution witnesses.

(b) They should not enter Sakri town till the charge sheet is filed.

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

vmk/-