Atish Sarju Hatagade v. State Of Mah., Thr. P.S.O. P.S. Yavatmal City, Yavatmal Tq And Distyavatmal
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (BA) NO. 339 OF 2020 (Atish Sarju Hatagade vs. State of Maharashtra, thr. PSO, PS, Yavatmal City, Yavatmal, Tq. & District - Yavatmal) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'
s orders of directions Court'
s or Judge'
s orders.
and Registrar'
s Orders.
Shri Verendra Darne, Advocate for the applicant. Shri Nikhil Joshi, APP for the non-applicant - State. .....
CORAM : PUSHPA V. GANEDIWALA, J.
AUGUST 06, 2020.
Heard Shri Darne, learned counsel for the applicant and Shri Joshi, learned APP for the nonapplicant - State, through video conferencing. The applicant in this application is said to be arrested in Crime No. 259 of 2020 registered at Yavatmal City Police Station for the offence punishable under Sections 307, 324, 506 read with Section 34 of the Indian Penal Code.
It is stated that the First Information Report in the present crime was lodged as a counter blast as the present applicant had lodged a report against the informant herein. It is further stated that on the pressure of the informant herein, a false crime came to be registered against the applicant only with
a view to take revenge. The learned counsel further submits that there is a delay in lodging the report. The learned counsel, therefore, prayed for grant of bail.
Perused the application, affidavit in reply filed on behalf of the State and the documents annexed. A perusal of the same would reflect that the investigation in the present crime is almost completed and only charge sheet is to be filed. The prosecution could not point out any criminal antecedents against the applicant. The incident appears to be the result of sudden quarrel between the parties.
As the investigation is completed, no fruitful purpose would be served to keep the present applicant in jail. In the circumstances, this Court is inclined to allow the application and the same is accordingly allowed. Hence, the following order : The applicant - Atish Sarju Hatagade, be released on bail on executing Personal bond of Rs.25,000/- (Rs. Twenty five thousand only) with one surety in the like amount.
The applicant shall not enter the vicinity of the area where the witnesses reside.
The applicant shall not pressurize or issue threats to the witnesses.
The applicant shall not tamper with the
prosecution witnesses.
The applicant to attend police station once in a month i.e. on every first Thursday of the month between 12.00 Noon and 2.00 P.M.
Criminal Application is disposed of accordingly.
The order be communicated to the counsel for the parties either on email address or on Whatsapp or by such other mode, as is permissible in law.
JUDGE *GS.