Bhagwat Bikan Patil v. The State Of Maharashtra
2024:BHC-AUG:27331
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 1015 BAIL APPLICATION NO. 1951 OF 2024 Bhagwat Bikan Patil
VERSUS
The State Of Maharashtra ...
Advocate for Applicant : Mr.S. Kulkarni and Atul Pawar h/f Mr. Deshmukh Bhausaheb Sadashivrao APP for Respondents-State: Mr. S. P. Sonpawale ...
CORAM : ARUN R. PEDNEKER, J.
Dated : November 21, 2024.
PER COURT :- 1.
Heard learned counsel for the applicant and the learned APP for the respondent-State.
2.
The applicant is seeking bail as he was arrested in connection with FIR No.99/2024 dated 07/06/2024, registered with Police Station, Kasoda District Jalgaon, for the offences punishable under sections 307, 143, 144, 147, 148, 149 of Indian Penal Code and Section 4, 25 of Arms Act. 3.
In the instant case, the accused Ganesh Ramesh Koli who is coaccused granted regular bail by holding as under : - "6] Earlier application is rejected of present applicant and accused No.2, by order in same application other accused are granted bail. Application of this applicant is rejected on the ground that, this applicant is key accused. It seems from the contents in FIR that role attributed to the applicant is of making assault by iron rod. Iron rod is shown to be seized. Applicant is behind bars since around four months. His further custody will serve no purpose in investigation. Charge sheet is filed after completion of investigation. Injured person is discharged from 1 of
1015 BA 1951-2024 hospital. Prima facie it seems that, offence punishable under Section 307 of I.P.C. does not attract as no injury is on vital part of the body of injured person. Considering these facts applicant may be released on bail by imposing conditions." 4.
The present applicant has been in custody since 23/09/2024. Considering that the key accused has already been granted bail on the grounds mentioned above, the present applicant/accused also deserves to be enlarged on bail.
5.
In view of the above, the application is allowed in the following terms : - a] The applicant shall be released on bail in connection with FIR No.99/2024 dated 07/06/2024, registered with Police Station, Kasoda, District Jalgaon, for the offences punishable under sections 307, 143, 144, 147, 148, 149 of Indian Penal Code and Section 4, 25 of Arms Act, 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 2 of
1015 BA 1951-2024 Court, for reasons to be recorded in writing. 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. 6.
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.
7.
The application stands disposed of.
( ARUN R. PEDNEKER, J. ) vj gawade/-.
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