Pravinsingh Ravindrasingh Rajput v. The State Of Maharashtra Thr. Pso, Ps Malakapur Rural Dist. Buldhana
2025:BHC-NAG:3799
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (BA) NO.375 OF 2025 (Pravinsingh Ravindrasingh Rajput Vs. The 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. S.V. Sirpurkar, Advocate for the applicant. Mr. V.A. Thakare, APP for the State.
CORAM:- URMILA JOSHI-PHALKE, J.
DATED :- APRIL 8, 2025.
By this application, the applicant is seeking bail as he came to be arrested on 01/10/2024 in connection with Crime No.213/2024 registered with Police Station Malkapur, District Buldhana for the offences punishable under Sections 109, 125, 118(1), 118(2), 126(2), 189(2), 190, 191(2), 191(3), 324, 351(2), 351(3) and 61(2) of the Bharatiya Nyaya Sanhita, 2023. 2.
The crime is registered against the present applicant on the basis of report lodged by the son of the deceased on an allegation that there was a dispute between the family of the informant and his cousin brother Abhijitsingh Ajitsingh Rajput on account of construction on a drainage and on that count there was a quarrel between them and the co-accused allegedly abused his parents, therefore, they where approaching the police station. At that time, the co-accused Abhijitsingh came in front of his house along with the present
applicant and assaulted him as well as his father by means of fiber rod due to which he sustained the injuries and his father has also sustained the injuries and succumbed to the death. On the basis of the said report, police have registered the crime against the present applicant. 3.
Learned Counsel for the applicant submitted that as far as the cause of death is concerned which is not due to the assault. The cause of death is due to the chocking of food. He invited my attention towards the first injury certificate and submitted that all the injuries sustained by the deceased were simple in nature. Now, investigation is completed and charge-sheet is filed, other co-accused is already released on bail by this Court. In view of that, the applicant be released on bail. 4.
Learned APP strongly opposed the application and submitted that considering the role attributed to the present applicant who has assaulted the father of the informant by means of fiber rod on his head. Subsequently, the father of the informant succumbed to the death. The deceased was referred to the private hospital which shows that deceased has sustained the fracture injury. Thus, considering the role of the present applicant, the application deserves to be rejected. 5.
I have heard learned Counsel for both the sides. Perused the investigation papers from which it
reveals that the role attributed to the present applicant is that he has assaulted the father of the informant by means of fiber rod on his head. The informant as well as his father has sustained the fracture injuries. Admittedly, his father succumbed to the death subsequently but cause of death is not due to the assault but it is due to the chocking of food. Now, investigation is completed, charge-sheet is filed. Considering the nature of the evidence collected against the present applicant, there is no reason to keep the applicant behind bar. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass the following order:
(i) The application is allowed.
(ii) The applicant - Pravinsingh Ravindrasingh Rajput in connection with Crime No.213/2024 registered with Police Station Malkapur, District Buldhana for the offences punishable under Sections 109, 125, 118(1), 118(2), 126(2), 189(2), 190, 191(2), 191(3), 324, 351(2), 351(3) and 61(2) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.
(iii) The applicant shall not enter into the vicinity of village Datala, Taluka Malkapur, District Buldhana, till culmination of the trial. (iv) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.
(v) The applicant shall attend the proceedings before the trial Court without seeking any exemption unless there are exceptional circumstances.
6.
The contravention of any of the condition would lead to the cancellation of bail.
7.
The application stands disposed of.
(URMILA JOSHI-PHALKE, J.) *Divya