Manjushri W/O Babasaheb Bordepatil @ Manjushri Akash Goge v. The State Of Maharashtra

9-BA-1599-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1599 OF 2023 MANJUSHRI W/O BABASAHEB BORDEPATIL @ MANJUSHRI AKASH GOGE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Sopan G. Bobde APP for Respondent : Mr. S. P. Tiwari ...

CORAM :

S. G. MEHARE, J.

DATE :

03-10-2023 PER COURT :- 1.

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

2.

The applicant is seeking bail in C.R.No.459 of 2022, registered with Police Station Satara, District Aurangabad, for the offences punishable under Sections 384, 385, 364A, 170 and 120B of the Indian Penal Code.

3.

The applicant has been arrested on 28.12.2022. 4.

Perused the chargesheet.

5.

The applicant has been allegedly indulged in the crime as a prime accused. It has been alleged against her that she is in conspiracy with the other co-accused trapped the complainant for extracting money. However, there is no evidence that she had extracted money directly from the complainant. The sole evidence

9-BA-1599-23.odt i.e. mobile handset has been recovered from her. She is languishing in jail for about ten months. There were no antecedents to her discredit. Considering the completion of the investigation and the period of her detention behind the bar, the Court is of the view that no purpose would be served keeping her behind bar. Hence, the order:- i) The application is allowed.

ii) Applicant Manjushri w/o. Babasaheb Borde Patil @ Manjushri Akash Goge be released on bail, on furnishing PB and SB of Rs.50,000/-, with one solvent surety of the like amount, in C.R.No.459 of 2022 registered with Police Station Satara, District Aurangabad, for the offences punishable under Sections 384, 385, 364A, 170 and 120B of the Indian Penal Code, on the conditions that, (a) she shall not contact with the complainant and the coaccused till conclusion of the trial; (b) she shall attend the trial on each and every effective date and (c) she shall not tamper with the prosecution witnesses and particularly shall not threat the complainant or his family members till conclusion of the trial.

iii) Bail before the learned Judicial Magistrate, First Class, Court No.12, Aurangabad, if the case is not committed. ( S. G. MEHARE ) JUDGE rrd