Devidas @ Aaba Vikram Alhat v. The State Of Maharashtra

2024:BHC-AUG:21918

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1591 OF 2024 DEVIDAS @ AABA VIKRAM ALHAT

VERSUS

THE STATE OF MAHARASHTRA Mr. D. R. Kale, Advocate for the applicant Mr. S. P. Sonpawale, APP for the respondent/State CORAM : S. G. MEHARE, J.

DATE : 18th SEPTEMBER, 2024 PER COURT :- 1.

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

2.

The applicant seeks bail in Crime No.298/2022 registered with Sonai Police Station, District Ahmednagar for the offences punishable under Sections 307, 324, 427, 504, 506 r/w 34 of the Indian Penal Code and Sections 3/25 of Arms Act. 3.

The role attributed to the applicant is assaulting the first informant with iron rod. The FIR reveals that those are the geneal statements. The incident is of 2022. The applicant is languishing in jail since February, 2023. No weapon is recovered from the applicant. Learned prosecutor says that injury certificate is yet not received. The learned counsel for the applicant states 38.ba1591.24.odt

that the offence is of 2022, therefore, there is no reason to keep the injury report with the Investigating Officer. The charge-sheet has been filed.

4.

The applicant did not play any role in the incident. It is stated that the applicant did not assault him. In another crime he has been released on bail. Considering the facts of the case, the completion under trial and the general allegations against the applicant, there is no reason to keep the applicant behind the bar. Hence, the order.

ORDER

i) The application is allowed.

ii) Applicant - Devidas @ Aaba Vikram 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 leave the place of his residence without the written permission of the Court till the trial is concluded. (c) He should furnish his residential proof and cell phone number to the learned Addl. Sessions Judge, Newasa, with undertaking that he would not change it, until the trial is concluded.

(S. G. MEHARE, J.) ssp 38.ba1591.24.odt