Uttreshwar @ Baba Bapurao Zombade v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1886 OF 2022 Uttreshwar @ Baba Bapurao Zombade, Age : 29 Years, Occ. Labour, R/o. Bhatshirpura, Tal. Kallam, Dist. Osmanabad.

... Applicant.

VERSUS

The State of Maharashtra, Through Shiradhon Police Station, Tq. Kallam, Dist. Osmanabad.

... Respondent ....

Mr. P. P. More, Advocate for the Applicant.

Mr. S. P. Deshmukh, APP for the Respondent State. ....

CORAM : S.G. MEHARE, J.

DATE : 11.01.2023 PER COURT :- Heard the learned counsel for the applicant and learned APP for the respondent-State.

The applicant has been arraigned as an accused for the ofence of murder. The learned counsel for the applicant argued that the applicant was one of the member of the mob present on the spot of the incident. When quarrel was going on between the deceased and the co-accused, the applicant tried to separate them. He was trying to pull the deceased to

separate him. However, the frst informant misunderstood the situation and alleged that the applicant instigated the coaccused to kill the deceased. He made the false allegations of fleeing away from the spot of incident. There are no allegations of assault at the hands of the applicant with weapon. Immediately after the incident the accused was arrested. The co-accused is neither his friend nor relative. Nothing is recovered from him. There are no antecedents to his discredit. He is a labourer. He has to maintain his family. Hence, he may be granted bail.

3.

The learned A.P.P. would submit that the allegations against the applicant reveals that he facilitated the co-accused to commit the crime. He also instigated the co accused to assault. Post incident conduct of the applicant shows his involvement in the crime. The ofence is serious. Hence, he may not be granted bail.

4.

Perused the charge sheet. In view of the situation and the case of the applicant, possibility of holding the deceased for separating quarrel appears probable. There were many persons gathered on the spot of the incident and one of the witnesses also tried to separate the quarrel. In view of the

situation of the matter, the applicant has good case for bail. Hence the order.

O R D E R

(I) Bail Application is allowed.

(ii) Applicant Uttreshwr @ Baba Bapurao Zombade 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 Crime No. I- 103 of 2022, registered with Shiradhon Police Station, Taluka Kallam Dist.

Osmanabad for the ofence punishable under Sections 302, 109, 506 read with Section 34 of the Indian Penal Code on the conditions that :

(a) He shall not tamper with the prosecution witnesses. (b) He shall attend the trial on each efective date. ( S.G. MEHARE ) JUDGE YSK/