Praful @ Sonu Annasaheb Pawar v. The State Of Maharashtra

2024:BHC-AUG:29220

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 962 BAIL APPLICATION NO.1939 OF 2024 PRAFUL @ SONU ANNASAHEB PARAD

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr.S.A.Kothari APP for Respondent-State : Mr.G.O.Wattamwar ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 11.12.2024 P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant is seeking bail as he is arrested on 23.09.2024 in connection with Crime No.665/2024, registered with MIDC Police Station, Ahmednagar, for the offence punishable under Sections 109, 115 (2), 352, 351 (3), 189 (2), 191 (2), 191 (3), 190 of BNS, 2023. 3] It appears that there is fight between two sets of persons and cross FIR is registered of the same incident. In the same incident, the applicant has also suffered injuries as under :

1] CLW 16 cm x 0.5 x 1 c.m. left lower chest.

2] CLW 11 cm x 2cm x 1.5 cm deep over left lower abdomen wall.

4] The informant has also suffered six injuries, which has seen from the police paper and 5 are simple in nature and one injury is grievous in nature i.e. 4 x 1 cm, which is contused lacerated wound on stomach. The applicant was also admitted in the hospital and he was discharged from the hospital on 21.09.2024. The applicant surrendered on 23.09.2024 and since then he is in jail. 5] The learned APP submits that the applicant has not co-operated with the investigation and has not given weapons. The applicant contends that he was not holding any weapon. The informant himself was holding a weapon and the informant was injured from the said weapon. 6] The applicant has received more injuries. The applicant is in custody from 23.09.2024. There is cross FIR in the matter.

Further custodial interrogation of the applicant is not necessary in the matter. Prima facie, it cannot be said that the applicant is not involved but the informant could be possible aggressor. In view of the above, the application is allowed in the following terms : a] The applicant shall be released on bail in connection with Crime No.

punishable under Sections 109, 115 (2), 352, 351 (3), 189 (2), 191 (2), 191 (3), 190 of BNS, 2023, on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

b] The applicant, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial. c] The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court.

d] The applicant shall not tamper with the evidence of the prosecution and he shall not influence the informant, witnesses and other persons concerned with the case.

e] The applicant, upon being released on bail, shall place on record of the trial Court the details of his Contact Number and residential address with updates in case of any change.

7] Needless to say, in case of violation of any of the aforesaid conditions, the bail granted to the applicant shall be liable to be cancelled. It is also clarified that the

observations made in this order are limited to the disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove.

8] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE DDC