Raju S/O Shankar Rankhambe v. The State Of Maharashtra

1 CriApln 6286/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 6286 OF 2016 Raju S/o Shankar Rankhambe, Aged 32 Years, Occupation Labour, Aunda (N), Taluka Aundha, District Hingoli APPLICANT V E R S U S The State of Maharashtra, Through Police Station Aundha (N), District Hingoli RESPONDENT Mr. R.J. Nirmal, Advocate for the Applicant Mr. R.V. Dadalkar, A.P.P. for the Respondent - State CORAM : A.S. CHANDURKAR, J.

DATE : 5th December, 2016 ORAL ORDER :

1.

Applicant is arrested on 19.10.2016 in connection with Crime No. 79 of 2016, registered at Aundha Nagnath Police Station for the offences punishable under Sections 395, 452, 324, 143, 147, 148, 149, 504, 506 of the Indian Penal Code.

2 CriApln 6286/2016 2.

It is submitted by the learned counsel for the applicant that as per the First Information Report, no specific role has been attributed to the present applicant. The allegations against him are of general nature. The allegations as regards assault and theft are against the main accused, namely, Vilas Mandlik and Laxman Mandlik. It is further submitted that even after arrest, nothing has been seized from the applicant. It is, therefore, submitted that the applicant may be released on bail. 4.

The application is opposed by the learned Addl. Pubic Prosecutor. It is submitted that considering the injuries sustained by the informant, the applicant does not deserve to be enlarged on bail. He, however, submitted that nothing has been seized from the present applicant.

5.

Perusal of the First Information Report as well as Police Papers indicates that no specific role of assault is attributed to the present applicant. There are no allegations against him with regard to removal of amount of Rs.10,000/- and Gold ring. There is no recovery from the applicant. His further continuation behind bars is therefore not warranted.

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In view of above, applicant is entitled for bail. Hence, the following order is passed :-

O R D E R

I) The applicant is directed to be released on bail with regard to Crime No. 79/2016 registered with Police Station Aundha Nagnath, Taluka Aundha Nagnath, District Hingoli, for the offences punishable under Sections 307, 395, 452, 324, 143, 147, 148, 149, 504, 506 of the Indian Penal Code, on furnishing P.R. bond of Rs.15,000/- and one surety in the like amount.

ii) The applicant shall co-operate the Investigating Officer and he shall not influence the prosecution witnesses. Iii) Application is allowed in above terms.

( A.S. CHANDURKAR, J. ) srm/05/12/16

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