Rahul Abhiman Alhat v. The State Of Maharashtra

2024:BHC-AUG:22919

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1540 OF 2024 RAHUL ABHIMAN ALHAT

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Ms. Rani K. Agrawal APP for Respondent : Ms. Vaishali S. Chaudhari ...

CORAM : S. G. MEHARE, J.

DATE : 26-09-2024 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned A.P.P. for the respondent.

2.

The applicant seeks bail in C.R.No.48 of 2024 registered with Pimpalgaon (Hare) Police Station, Taluka Pachora, District Jalgaon, for the offences punishable under Sections 302 and 506 of the Indian Penal Code.

3.

It has been alleged against the applicant that he assaulted the deceased with bracelet in front of puncture shop near busstand of Satgaon village. The first informant witnessed the incident. After the assault, the deceased fell down and the applicant fled away. Thereafter, he was taken to the hospital. The deceased died of Intracranial Hemorrhage. The prosecution has

also collected the evidence of other witnesses to corroborate the allegations.

4.

The learned counsel for the applicant submits that the applicant is the first time offender. The incident probably might happen in the rage of anger and sudden provocation. They were on inimical terms. The weapon allegedly used in the crime has been recovered. He is a young boy and has the family responsibilities. He would abide by the condition imposed if enlarged on bail.

5.

The learned A.P.P. has strongly opposed the application. She submits that there is direct evidence against the applicant. He was so aggressive while assaulting the deceased. If the bail is granted, he would tamper with the prosecution witnesses. 6.

Perused the papers.

7.

The prosecution has collected the necessary evidence against the applicant. It seems a solitary crime against him. The fact is silent about pre-incident of the actual assault. The trial may take its time. There are no antecedents to his discredit. Hence, it would unjustifiable to keep the applicant behind bar for uncertain period. Therefore, he deserves bail on certain conditions. Hence, the order:-

ORDER

i) The bail application is allowed.

ii) Applicant - Rahul Abhiman Alhat be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in the above crime for the aforesaid offences, on the conditions that, (a) He should not tamper with the prosecution witnesses. (b) He should not contact the prosecution witnesses in any mode or manner till the conclusion of the trial. (c) He should not enter village Satgaon Dongri, Taluka Pachora, District Jalgaon, for three months from the date of his release.

(d) He should attend the trial on each and every date. ( S. G. MEHARE ) JUDGE rrd