Prakash Karbhari Gaikwad v. The State Of Maharashtra
2024:BHC-AUG:29499 1 987
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 987 BAIL APPLICATION NO. 2031 OF 2024 PRAKASH KARBHARI GAIKWAD
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicant : Mr. Kothari Pratik P. APP for Respondent/State: Mr. P. K. Lakhotiya ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 13th DECEMBER, 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 on 23.09.2024, in connection with Crime No.0310 of 2024, dated 22.09.2024, registered with Veergaon Police Station, District Aurangabad, for the offences punishable under Sections 109, 115(2), 352, 3(5) of the Bhartiya Nyaya Sanhita, 2023 [BNS]. 3] It is the case of the informant that the applicant assaulted the informant by some iron made sharp weapon on the head of the informant causing him grievous injury.
4] The applicant was arrested on 23.09.2024 and is in custody since then. The weapon has been recovered from the spot. From the police papers it is revealed that the injuries are simple in
2 987 nature. In view of the same and since the applicant is in custody from 03.09.2024 and that the trial may take long time to conclude, the applicant deserves to be granted 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 Crime No.0310 of 2024, dated 22.09.2024, registered with Veergaon Police Station, District Aurangabad, for the offences punishable under Sections 109, 115(2), 352, 3(5) of the Bhartiya Nyaya Sanhita, 2023 [BNS], on furnishing PR bond of Rs.15,000/- 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.
3 987 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.
7] 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, J.] marathe