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Bombay High CourtBA/495/2021allowed

Gajanan S/O Bhimrao Bansod v. State Of Mah. Thr. Pso Washim (City) Tq. And Dist.Washim

2021-06-19Hon'Ble Shri Justice Vinay Joshi2 pages

1 5 ba 495.2021.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.495 OF 2021 Gajanan s/o Bhimrao Bansod ..vs..

State of Maharashtra, thr. P.S.O.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.G. Dhoble, Advocate for Applicant.

Shri H.D. Dubey, A.P.P. for Non-applicant/State CORAM : VINAY JOSHI, J.

DATED : 19/06/2021 Hearing was conducted through Video Conferencing.

2.

By this application, the applicant/accused is seeking bail in Crime No.175 of 2021 registered at Washim City Police Station, District Washim for the offence punishable under Sections 326, 506 read with Section 34 of Indian Penal Code. The State resisted bail by reply-affidavit and pointing towards a seriousness of the offence.

3.

The statement of injured Prem Jadhav, was perused. He contended that, at the time of occurrence, the co-accused Narayan Wankhede caught his hand and inflicted a knife blows at his chest. Thereafter, the applicant also caught the hand of the injured and beated him. Thus, the allegation against the applicant is of beating perhaps by means of slaps and fist blows. The injury certificate discloses that

2 5 ba 495.2021.2021 there was only one stab injury, which was simple in a nature. The injured was discharged within three days from the incident and healing period was 15 days. It is apparent that the role of inflicting a knife blows, is assigned to the co-accused. The applicant is arrested on 04.04.2021 and since then he is in jail. It is apparent that investigation is complete. Moreover, the prosecution has submitted that by the time, the charge-sheet has already been filed. In view of that, further detention of the applicant/accused is no more required, hence, the following order :

(a)The Criminal Application is allowed and disposed of.

(b)The Applicant/accused Gajanan s/o Bhimrao Bansod is released on bail in connection with the Crime No.175 of 2021 registered at Washim City Police Station, District Washim for the offence punishable under Sections 326, 506 read with Section 34 of Indian Penal Code, on his furnishing P.R. bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

(c)The applicant/accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also shall not tamper with the evidence.

JUDGE Trupti