Ravindra S/O Markendi Kavatwar v. The State Of Maharashtra, Thr. Pso, Mul Police Station, Tq. Mul, Dist. Chandrapur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (BA) No. 138 of 2022 Ravindra S/o Markendi Kavatwar

Versus

The State of Maharashtra, through Police Station Officer, Mul Police Station, Tq. Mul, Dist. Chandrapur Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.M.Bahirwar, Advocate for the applicant. Ms Mrunal Barbde, APP for the State / Non-applicant CORAM : ANIL S. KILOR, J.

DATED : 8th JUNE, 2022.

The applicant is praying for grant of bail under Section 439 of the Code of Criminal Procedure in Crime No. 385 of 2021 registered on 10th August, 2021with Police Station Mul, District Chandrapur for the offences punishable under Sections 376-AB, 450 and 506 of Indian Penal Code.

2.

Learned counsel for the applicant submits that he has been falsely implicated in the alleged offence and the story is a created one. It is submitted that no such incident had ever taken place. Learned counsel for the applicant tried to points out from the special report

at page 41 of the paper book that even before lodgement of the complaint he was arrested on 10th August, 2021. Thus, he submits that applicant who is in jail since last 10 months may be released on bail.

3.

Learned counsel for the applicant has pointed out that after completion of the investigation, the chargesheet has been filed and no further custody of the applicant is necessary.

4.

Learned Additional Public Prosecutor has strongly opposed the present application. Learned Additional Public Prosecutor has pointed out that the statement of neighbour namely Sau. Sangita Pedam who has stated in her statement that she saw the applicant coming out of the house of the victim on the date and time of the incident.

5.

I have perused the chargesheet and the contents of the First Information Report.

6.

According to me, there is sufficient incriminating material to show the involvement of the applicant in this case. The offence is heinous and serious offence. There is every possibility that the applicant may pressurize the prosecution witness, in case the applicant is released on bail. In the circumstances, I am not inclined to grant bail. Accordingly, I pass the following order:

ORDER

i.

Criminal application is rejected.

[ANIL S. KILOR, J.] by SACHINDANAND K NAIR Date: 2022.06.08 17:43:42 +0530 SACHINDANAND K NAIR