Sanju Ray S/O Radharaman Roy v. State Of Mha. Thr. Pso Ps Gondia Dist.Nagpur Railway

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (BA) No. 337 of 2022 Sanju S/o Radharaman Roy

Versus

State of Maharashtra, through its Police Station Officer, Police Station Gondia, Dist. Nagpur Railway Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri U.Y.Sonkusre, Advocate for the applicant. Shri T.A. Mirza, APP for the State / Non-applicant CORAM : ANIL S. KILOR, J.

DATED : 21st JUNE, 2022.

The applicant is seeking bail under Section 439 of the Code of Criminal Procedure in Crime No. 413 of 2021 registered with Police Station Gondia, Dist. Nagpur Railway for the offence punishable under Sections 379, 392, 356 read with Section 34 of Indian Penal Code.

2.

Learned counsel for the applicant submits that the custody of the applicant is not necessary as after completion of investigation, the chargesheet has been filed. It is further submitted that the applicant is in jail

from August, 2021 and as such he prays for grant of bail.

3.

Learned Additional Public Prosecutor strongly opposed the application and submits that there are criminal antecedents against the applicant and as many as ten offences were registered against the applicant and in one of the offence he has already been convicted. It is submitted that thus looking to the criminal antecedents of the applicant if he is released on bail, there is every possibility that he would commit similar offence. Accordingly, he prays for rejection of the application.

4.

I have perused the chargehseet and the reply filed by the prosecution.

5.

The State has filed crime chart alongwith reply which show that there are ten offences registered against the applicant and in one of the offence, he has been convicted for the similar offence which is involved in the present matter. Thus, I find substance in the apprehension expressed by the learned Additional Public Prosecutor, that if he is released on bail, there is every possibility that he would commit offence. 6.

In that view of the matter and looking to the criminal antecedents of the applicant, I am not

inclined to grant bail. Accordingly, I pass the following order:

i.

Application is rejected.

[ANIL S. KILOR, J.] by SACHINDANAND K NAIR Date: 2022.06.21 18:32:55 +0530 SACHINDANAND K NAIR