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Bombay High CourtBA/125/2020partly allowed

Daulatram S/O Bakshuram Chauthani And Another v. State Of Mah., Thr. P.S. Khadan Distakola

2020-02-25Hon'Ble Shri Justice Rohit Baban Deo2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (BA) NO.125 OF 2020 (Daulatram s/o Bakshuram Chauthani and another ..vs.. The State of Maharashtra, through PS Khadan, Akola) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.V. Navlani, Counsel for the applicants, Shri M.J. Khan, Addl.P.P. for the non-applicant. CORAM : ROHIT B. DEO, J.

DATED : 25-02-2020 The learned Counsel for the applicants to seek leave to withdraw the application as regards applicant 2 with liberty to apply for bail after the filing of the chargesheet. 2.

The application is disposed of as withdrawn, in so far as applicant 2-Rahul Chauthani is concerned. 3.

Needless to record, that applicant 2-Rahul shall be at liberty to approach the Sessions Court for bail after the charge-sheet is filed.

4.

In so far as applicant 1-Daulatram, who is the father of applicant 2-Rahul, is concerned, on perusal of the case diary, I do not find any major role which is attributed as far as the allegations in the first information report are concerned. The allegations are primarily against applicant 2-Rahul and what is attributed to

2 ba125,20 applicant 1-Daulatram is that he and applicant 2 visited the residence of the informant-victim and berated the father of the victim for demanding back the money from applicant 2-Rahul. According to the statements, applicant 1-Daulatram Chauthani confronted the victim and her father on the premise that his son did not do any wrongdoing as is alleged.

5.

While I was not inclined to consider granting bail to applicant 2-Rahul, at least at this stage, in so far as applicant 1-Daulatram is concerned, I do not see any reason for continuing the judicial custody.

6.

The application is partly allowed.

7.

The applicant shall be released on bail in Crime 19/2020 registered at Police Station Khadan, DistrictAkola on furnishing personal bond of Rs.25,000/- with one solvent surety of like amount.

8.

The applicant shall not influence the prosecution witnesses.

JUDGE adgokar