Umesh Bhanudas Nagre v. The State Of Maharashtra

910 B.A. No. 1825-2022-.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1825 OF 2022 UMESH BHANUDAS NAGRE

VERSUS

THE STATE OF MAHARASHTRA Advocate for Applicant : Mr. N. B. Narwade APP for Respondent : Mr. S. B. Narwade CORAM : S. G. MEHARE, J.

DATE : 02.02.2023 PER COURT :

1.

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

2.

The prosecution case was that the deceased killed in a room in hotel Saichatrapati with firearms. All the accused were captured in the C.C.T.V. footage of the hospital where the deceased was admitted. 3.

The bail has been claimed on the ground that the applicant has played no active role. It was barely an accident. The applicant and other co-accused took the deceased to the hospital. The applicant has lost his eye sight. He is unable to see more than four feet. 4.

The learned A.P.P. submits that there are eight crimes to the discredit of the applicant. The offence is serious. Hence, he may

910 B.A. No. 1825-2022-.odt not be granted bail.

5.

Perused the charge sheet. The post incident conduct of the applicant and other co-accused is significant. They took the deceased to the hospital. The applicant has lost the eye-sight. No doubt there are antecedents to his discredit but in the peculiar circumstances of the case, the applicant deserves bail. Hence, the following order :

ORDER

(i) The application is allowed.

(ii) The applicant Umesh Bhanudas Nagre, be released on bail, on executing P.B. and S.B. of Rs. 50,000/-, with one solvent surety in the like amount, in C.R. No. 359 of 2019 registered at Loni Police Station Taluka Rahata District Ahmednangar for the offences punishable under Sections 302,143,147,148,149,506 read with Section 34 of the Indian Penal Code and Section 3/25 of Arms Acts, 1959 on the conditions that;

(a) The applicant shall not tamper with the prosecution witnesses.

(b) The applicant shall attend the trial on each effective date.

(c) The applicant shall not indulge in any of crime. ( S. G. MEHARE ) JUDGE