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Bombay High CourtBA/2211/2022application allowed

Kisan Mohan Dhainje v. The State Of Maharashtra And Another

2023-01-19Hon'Ble Shri Justice S. G. Mehare2 pages

918- B.A. No. 2211-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 BAIL APPLICATION NO.2211 OF 2022 KISAN MOHAN DHAINJE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Shaikh Tarek Mobin H. APP for Respondents: Mr. S. P. Sonpawale ....

CORAM : S.G. MEHARE, J.

DATE : JANUARY 19,2023 PER COURT :

1.

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

2.

It has been alleged that unknown person assaulted the injured. However, one co-accused was arrested and on his statement the applicant has been arraigned as an accused and then arrested. There is no direct evidence against the applicant. The applicant has already undergone the police custody remand. The applicant cannot be detained jail for test identification parade as he may be called any time for test identification parade. The injured has been discharged from the hospital. The injuries were simple. The similarly situated co-accused has been granted bail. Hence,

918- B.A. No. 2211-2022.odt the applicant deserves bail.

ORDER

i) The application is allowed.

(ii) Applicant Kisan Mohan Dhainje, be released on bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount, in Crime No. 19/2022, registered with Vaijapur Police Station, Tq. Vaijapur District Aurangabad for the ofences punishable under Sections 307,326 and 34 of the Indian Penal Code on the conditions that :- (a) He shall not tamper with the prosecution witnesses. (b) He shall attend the police station as and when called on written notice till the filing of the charge sheet. ( S. G. MEHARE ) JUDGE ysk