Rohan@Tarra S/O Manoj Kattulwar v. State Of Maharashtra Thr Pso Os Immamwada Nagpur

2025:BHC-NAG:9071 1 13-BA 76.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.

OF ( Rohan @ Tarra S/o Manoj Kattulwar vs. State of Maharashtra through PSO PS Imamwada, Nagpur ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders.

Ms. Sunita Kulkarni, Advocate for applicant.

Ms. M.A.Barabde, APP for respondent-State.

CORAM : V RUSHALI V. JOSHI, J.

ATE : SEPTEMBER 15, 2025 1) The applicant has filed this application for grant of regular bail. The applicant has been arrested in Crime No.448/2023 for the offence punishable under Sections 302, 120(B), 143, 147, 148, 149 read with Section 34 of the Indian Penal Code, 1860 and Section 4 and 25 of the Arms Act, 1959. The FIR was registered on the complaint lodged by the wife of deceased. On 31/10/2023 at about 3.00a.m. the accused along with other co-accused committed a murder of the husband of the complainant/informant Madhuri by assaulting with sharp edged weapon, wooden sticks and bricks.

2) Learned counsel for the applicant stated that earlier, the name of the applicant was not mentioned in the FIR, but from the CCTV footage, the applicant was identified, and his name was mentioned. It is further submitted that the other two accused, who have attributed a similar role, had already been released on bail by this Court, hence, parity is available to the present applicant. As such, prayed for the release of the present applicant on bail.

2 13-BA 76.2025.odt 3) Learned APP strongly opposed the application, stating that the mere presence of the applicant on the spot can be termed as the common intention. They awarded the incident and restrained the people from helping, hence prayed for rejection of the bail application.

4) Heard learned counsel for both the parties. On going through the investigating papers, the mere presence of the applicant at the spot of the incident is not conclusive evidence. The witness has not mentioned the name of the present applicant. The accused persons who have a similar role; have already been released on bail. The ground of parity is available to the present applicant, hence, I deem it appropriate to allow the present application in the following terms :- i) The application is allowed.

ii) The applicant - Rohan @ Tarra s/o Manoj Kattulwar shall be released on bail in connection with Crime No. 448/2023, registered with Police Station Imamwada, Nagpur for the offence punishable under Sections 302, 120(B), 143, 147, 148, 149 read with Section 34 of the Indian Penal Code, 1860 and Section 4 and 25 of the Arms Act, 1959 on executing P.R.Bond of Rs.25,000/- with one surety in the like amount.

iii) The applicant shall attend the Police Station, Imamwada, Nagpur twice on 1st and 15th of every month and the Police Station Officer shall record his presence.

3 13-BA 76.2025.odt iv) The applicant shall not induce threat or promise any witnesses, who are acquainted with the facts of the case.

v) The applicant shall furnish his detail address along with address proof and his mobile number. vi) The applicant shall attend the proceeding before the Sessions Court without seeking any exemption unless there are exceptional circumstances.

5) The application is disposed of in the above terms. ( VRUSHALI V. JOSHI, J. )