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Bombay High CourtBA/1987/2022application allowed

Shilpesh Rajendrakumar Nilekar v. The State Of Maharashtra

2022-12-19Hon'Ble Shri Justice S. G. Mehare2 pages

36-BA.1987-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 36 BAIL APPLICATION NO.1987 OF 2022 SHILPESH RAJENDRAKUMAR NILEKAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Jadhav Satej S.

APP for Respondent-State : Mr. K. S. Patil.

...

CORAM : S. G. MEHARE, J.

DATE : 19.12.2022 PER COURT :- 1.

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

2.

Evidence against the applicant is the recovery of the live bullets. However, the learned counsel for the applicant would submit that there was discrepancy in the number of bullets as alleged in the crime. The main accused has been granted bail. Therefore, the applicant be released on bail.

3. Learned APP opposed the application and would submit that the role attributed to the applicant is more serious than the main accused, who has been granted bail.

4.

Perused the charge sheet. Considering the role attributed to the applicant, his role is lesser compared to the main

36-BA.1987-22.odt accused, who has been granted bail. There were no antecedents to his discredit. Hence, he deserves bail.

O R D E R

(i) Bail Application is allowed.

(ii) Applicant SHILPESH RAJENDRAKUMAR NILEKAR 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.174 of 2019, registered by Police Station Nanded Rural, District Nanded, for the offence punishable under Sections 302, 307, 397, 398, 120-B read with Section 34 of the IPC, Section 3/25, 27(2) of Arms Act and Section 3(1)(i), 3(ii), 3(2), 3(4) of the Maharashtra Control of Organized Crime Act, 1999, on the following conditions :

(a) He shall attend the Police Station once in a week on Tuesday between 9.00 a.m. to 11.00 a.m. till conclusion of the trial.

(b) He shall not tamper with the prosecution witnesses.

(S. G. MEHARE, J.) ...

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