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Bombay High CourtAPPLN/4457/2024disposed off

Abhijit Raju Chavan v. Sudam Sheshrao Chavan And Another

2024-11-29Hon'Ble Shri Justice Arun R. Pedneker3 pages

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 908 BAIL APPLICATION NO. 1974 OF 2024 Sudam Sheshrao Chavan

VERSUS

The State Of Maharashtra ...

Advocate for Applicant : Mr. Anirudha R. Hange h/f Mr. Hange Rajendra G. APP for Respondents-State: Mr. S. P. Sonpawale Advocate for Assist to APP : Mr. V. S. Wakale ...

WITH CRIMINAL APPLICATION NO. 4457 OF 2024 IN BA/1974/2024 ....

CORAM : ARUN R. PEDNEKER, J.

Dated : November 29, 2024.

PER COURT :- 1.

Criminal Application No.4457/2024 is filed for Assist to learned APP. The said application is allowed and disposed of. 2.

Heard learned counsel for the applicant, the learned APP for the respondent-State, and the learned Counsel for Assist to learned APP. 3.

The applicant is seeking bail as he was arrested in connection with FIR No.324/2024, dated 27/07/2024, registered with Georai Police Station, District Beed, for the offences punishable under sections 109, 118(1), 115 (2), 352, 351 (2) (3) read with 3 (5) of the Bhartiya Nyaya Sanhita, 2023. 4.

Considering the nature of the injury as shown in the medical certificate issued by the private hospital, filed along with the charge 1 of

908 BA 1974-2024 sheet, the injury is categorized as simple in nature. The applicant was arrested on 26/08/2024, and the charge sheet in the matter has also been filed. In view of the same, the trial may take considerable time to reach finality. Additionally, there is a contradictory statement by one witness, Mr. Mahadeo Rathod, who has stated that some person other than the applicant assaulted the injured. 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.324/2024, dated 27/07/2024, registered with Georai Police Station, District Beed, for the offences punishable under sections 109, 118(1), 115 (2), 352, 351 (2) (3) read with 3 (5) of the Bhartiya Nyaya Sanhita, 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.

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908 BA 1974-2024 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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