Rajkumar Marotrao Ingale v. The State Of Maharashtra

1 10-ABA-1314-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1314 OF 2022 RAJKUMAR MAROTRAO INGALE

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. Vikram R. Dhorde, Advocate for Applicant Mr. N. T. Bhagat, APP for Respondent - State ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 28th NOVEMBER, 2022 PER COURT :

1.

Heard learned advocate for applicant and learned Additional Public Prosecutor for respondent - State. Perused the investigation papers.

2.

Applicant apprehends arrest in Crime No.0252/2022, registered with Vimantal Police Station, Nanded, for offence punishable under Sections 306, 504, 506 read with 34 of the Indian Penal Code.

3.

It is, in short, case of the prosecution that applicant and deceased Balaji were partners in medical shop business. Partnership was subsequently dissolved. Thereafter, Balaji committed suicide leaving behind suicide note, wherein he has named ten persons who have allegedly cheated him and demanded Rs.8 lakhs from him by way of extortion and gave him threats of life, because of which

2 10-ABA-1314-22.odt Balaji committed suicide. Applicant is one of the persons named in suicide note.

4.

It is alleged that applicant along with co-accused was harassing deceased Balaji and compelling him to close down medical shop run in conjunction with Dr. Vijay Dhanawade. It is further alleged that applicant and other co-accused were creating a situation so that deceased Balaji should not run medical shop. FIR is registered on 20/07/2022, whereas offence is allegedly committed on 16/07/2022. Investigation is almost complete and charge-sheet is likely to be filed.

5.

Considering all these aspects, custodial detention of applicant is not warranted as the ingredients of abetment, prima facie, are not made out from the papers of investigation. 6.

Application is, therefore, allowed by confirming interim order passed by this Court on 29/09/2022. Applicant shall attend concerned police station everyday from 30th November, 2022 to 04th December, 2022, between 10:00 a.m. to 12:00 noon and shall cooperate in the investigation. Applicant shall not tamper with prosecution evidence.

(NITIN B. SURYAWANSHI, J.) SVH