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Bombay High CourtBA/1612/2024application allowed

Omkar Ramesh Bhise v. The State Of Maharashtra

2024-10-08Hon'Ble Shri Justice S. G. Mehare2 pages

2024:BHC-AUG:24098 939-ba-1612-2024.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1612 OF 2024 Omkar Ramesh Bhise

VERSUS

The State Of Maharashtra ...

Advocate for Applicant : Mr. Gangakhedkar Shailendra S APP for Respondent/State : Mr. A.A.A. Khan ...

CORAM : S.G. MEHARE, J.

DATED : OCTOBER 08, 2024 PER COURT:- 1.

Heard learned counsel for the applicant and learned APP for the State.

2.

The applicant seek bails in Crime No.169 of 2024 registered with Bhokar Police Station, District Nanded for the offences punishable under Sections 354, 354-A, 354-D, 376, 341, 324, 323, 294, 504, 506 r/w 34 of the Indian Penal Code. 3.

The facts as argued before the Court reveal that the applicant and the victim were knowing each other. Their marriage was to be performed. However, a year back it could not work out. When the applicant and his relatives had been to the house of the victim with marriage proposal, a quarrel took place. It has been alleged against them that they beat her family members. Noncognizable report of the said incident was registered a year back. However, even after such a serious incident, they were contacting

939-ba-1612-2024.odt (2) each other. The FIR includes the incident before the date of lodging the N.C. case. In ordinary course when the relations are broken, the mother of the victim had no reason to have mobile phone given to her by the applicant and attending his calls. There were no immediate complaints against the applicant. Therefore, the case of the applicant that since he could not marry her, the concocted allegations have been levelled against him appears probable. Though the learned APP has argued that the offence is serious, however, considering the facts and circumstances of the case and the belated FIR, the Court is of the view that it would be inappropriate to keep the applicant behind bar. Hence, the following order :

O R D E R

(i) Bail Application is allowed.

(ii) Applicant, Omkar Ramesh Bhise, be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount in the above crime, on the conditions that ;

(a) The applicant should not tamper with the prosecution witnesses and should attend the trial on each and every effective date.

(b) The applicant should not contact the victim till the trial is concluded.

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