Nitin S/O. Satish Lodha v. Ranjeet Baban Gunjal And Another

942-BA-2021-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.2021 OF 2022 WITH APPLN/4261/2022 IN BA/2021/2022 RANJEET BABAN GUNJAL

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Ms. Rekha Choudhari, holding for Mr. Mulla Shabbeer Akbarbadshaha and Mr. Kuldeep S. Patil APP for Respondent : Mr. K. S. Patil Advocate for complainant : Mr. C.V. Dharurkar ...

CORAM :

S. G. MEHARE, J.

DATE :

04-01-2023 PER COURT :- 1.

Heard the learned counsel for the applicant, the learned A.P.P. for the respondent/State and learned counsel for the complainant.

2.

The applicant is claiming bail on the ground that the applicant is behind bar since long period. There are no antecedents to his discredit. He is young man having family responsibilities. The medical certificate issued by private hospital where the injured was admitted, does not disclose the name of the applicant. It has been mentioned therein that some one has caused the injury. Same way, the another hospital did not indicate the name of the applicant.

942-BA-2021-22.odt 3.

The learned A.P.P. and learned counsel for the complainant have vehemently opposed the application. They have argued that the applicant came on the spot of the incident with deadly weapon. He has given serious blow to the injured. The injured has lost vision of one eye. The prosecution has also evidence of CCTV footage in which the applicant was captured taking away the weapon from his vehicle. They have strongly opposed the application on the ground that the applicant has caused a serious injury to the injured for no reason.

4.

Perused the papers. There appears no reason for the applicant to assault the injured. Going on the spot of the incident with weapon, is a proof of intention. He has caused severe injury to the injured in which he has lost his one eye. His conduct appears so aggressive. Considering the role attributed to the applicant, it is not desirable to release the applicant on bail. Besides that, the offence committed by the applicant is serious. Hence, the application stands dismissed.

5.

Criminal Application No.4261 of 2022 stands disposed of ( S. G. MEHARE ) JUDGE rrd