Aadesh @ Bhaiya Devidas Gaikwad v. The State Of Maharashtra

2024:BHC-AUG:24693 933-BA-1570-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1570 OF 2024 AADESH @ BHAIYA DEVIDAS GAIKWAD

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Akshay Suresh Radikar APP for Respondent : Mr. A. A. A. Khan ...

CORAM : S. G. MEHARE, J.

DATE : 11-10-2024 PER COURT :- 1.

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

2.

The applicant seeks bail in C.R.No.218 of 2023 registered with Harsul Police Station, District Chhatrapati Sambhajinagar, for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code.

3.

The incident has been captured in the C.C.T.V. footage. The applicant was seen barely present there.

4.

As per the submission of the learned A.P.P. that the another co-accused has stabbed the deceased, nothing is recovered from the applicant. It seems that he was present there; however, did not participate in the assault. Considering the role of the applicant,

933-BA-1570-24.odt the Court is of the view that his detention would serve no purpose. Hence, the order:-

ORDER

i) The application is allowed.

ii) Applicant - Aadesh @ Bhaiya Devidas Gaikwad 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 attend the trial on each and every effective date.

( S. G. MEHARE ) JUDGE rrd