Lalitkumar Kamalakar Baviskar v. The State Of Maharashtra

2024:BHC-AUG:26516 948-BA-1905-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1905 OF 2024 LALITKUMAR KAMALAKAR BAVISKAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Sushil P. Pandit APP for Respondent : Mr. S. P. Sonpawale ...

CORAM : S. G. MEHARE, J.

DATE : 24-10-2024 PER COURT :- 1.

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

2.

The applicant seeks bail in C.R.No.579 of 2023 registered with Nandurbar City Police Station, Nandurbar, for the offences punishable under Sections 109, 190, 132, 121(2)(3), 326(f)(g), 125(a)(b), 333, 298 of the Bhartiya Nyaya Sanhita, 2023 and Sections 3/25 of the Arms Act with the Prevention of Damage to Public Property Act,1984 read with Section 7 of the Criminal Law Amendment Act, Section 37(1)(3) of the Maharashtra Police Act. 3.

It is a case of rioting. Two groups were assaulting each other. A large number of persons were the eyewitnesses to the the incident. The applicant was instrumental to the incident. However,

948-BA-1905-24.odt he has been arraigned as an accused being a member of unlawful assembly. The investigation papers do not show the actual role attributed to the applicant. No weapon was recovered from the applicant. There are a large number of witnesses. Hence, the trial may take its time. Therefore, the Court is of the view that his detention would serve no purpose. Hence, the order:-

ORDER

i) The application is allowed.

ii) Applicant - Lalitkumar Kamalakar Baviskar 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 attend the police station as and when called by the Investigating Officer on written notice till filing the chargesheet.

( S. G. MEHARE ) JUDGE rrd