Suresh @ Suraj Shivdas Chaugale v. State Of Maharashtra Thr P.S.O. P.S. Bitargaon Dist. Yavatmal
2025:BHC-NAG:3422
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 105 OF 2025 Suresh @ Suraj Shivdas Chaugale Vs State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. A.C. Jaltare, counsel for applicant.
Mr. C.A. Lokhande, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.
DATED : 01/04/2025.
1.
The applicant came to be arrested on 23/02/2022 in connection crime no. 34/2022 registered with Police Station Bitargaon, District Yavamtal for the offence punishable under Section 307 of the Indian Penal Code, 1860.
2.
Heard learned counsel for the applicant, who submitted that the informant is the wife of the present applicant. Due to the matrimonial dispute, she was at her parents house, wherein the alleged incident has taken place. He submitted that now her evidence is already recorded therefore, the apprehension as to the tampering of the witnesses is also not in existence. Considering now that the trial is already commenced, evidence of the injured is already recorded, and there is no apprehension as to the tampering of the witnesses, the applicant be released on bail.
3.
The learned APP strongly opposed the said application and submitted that the injured has sustained grievous injuries. It was further stated that the injured, being the wife of the applicant, was pregnant at the relevant time. Considering the manner in which the injured person was assaulted, the application deserves to be rejected.
4.
After hearing both sides and perusing the investigation papers, it is revealed that the injured, who is the wife of the present applicant, was assaulted due to a matrimonial dispute. Out of matrimonial dispute the alleged incident has taken place. Now, the evidence of the injured is already recorded. Considering the same, the application deserves to be allowed. Accordingly, I proceed to pass the following order:- a] The criminal application is allowed.
b] The applicant- Suresh @ Suraj Shivdas Chaugule shall be released on bail, in connection crime no. 34/2022 registered with Police Station Bitargaon, District Yavamtal for the offence punishable under Section 307 of the Indian Penal Code, 1860 on executing P.R. Bond of Rs. 25,000/- with one solvent surety in the like amount.
c] The applicant shall not enter into the vicinity of the village Kalgaon, Tah. Mahagaon, District Yavatmal, till culmination of the trial.
d] The applicant attend proceedings before the Sessions Court without seeking any exemption unless there are exceptional circumstances.
e] The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of present case.
5.
The criminal application is disposed of.
[URMILA JOSHI-PHALKE, J.]