Anshul S/O. Jagatnarayan Singh v. The State Of Mah. Thr. Pso Ps Sadar, Dist. Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.628 OF 2021 (Anshul s/o Jagatnarayan Singh Vs. The State of Maharashtra thr. PSO PS Sadar, Nagpur) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. C.R. Thakur, Advocate for Applicant.

Mr. M.K. Pathan, APP for Non-Applicant/State. CORAM: ROHIT B. DEO, J.

DATE: 11 th AUGUST, 2021.

The applicant is seeking bail in Crime 519/2020 registered with Police Station Sadar, Nagpur for offence punishable under section 302 read with 34 of the Indian Penal Code.

2.

The crime is registered on the basis of report dated 04.12.2020 lodged by the brother of the deceased. 3.

The gist of the prosecution case is that on 03.12.2020 at 11:00 a.m. there was an altercation between Akshay Fulsunge, who is a friend of the informant, and Amman @ Bunty Qureshi in front of the Forest Office, Seminary Hills, Nagpur. Since Akshay Fulsunge and the elder brother of Amman @ Bunty Qureshi are friends, the rival groups met at 09:00 p.m. on 03.12.2020 to put a quietus to the dispute and during the course of the talks, there was an altercation between Tushang Piley, also a

friend of the informant, and the members of the other group. The case of the prosecution is that thereafter the group of the informant decided to meet Abid Qureshi who they knew frequented a place near the Dargaha at Goa colony. The informant and several others proceeded to Goa colony at 09:45 p.m. on their respective motorcycles. Yuvraj and Gulshan were riding one motorcycle and the others followed. The case of the prosecution appears to be, that out of the blue Karan Madavi, Sohel Ali and Anshul Singh emerged from an alley, the applicant pushed Gulshan from the motorcycle and co-accused Sohel Ali delivered a knife blow on the neck and co-accused Karan Madavi delivered a blow with an iron rod. The group of the informant fled leaving Gulshan lying on the spot in an injured state. The residents of Goa colony admitted him to the hospital where Gulshan succumbed.

4.

I have perused the statements of the informant and the other members of his group. While the informant states that it was the applicant who caused Gulshan to fall down from the motorcycle, every other eye witness states that all the three accused and their friends pushed Gulshan off the motorcycle. The role of the applicant in the incident is quite blurred. I am consciously not examining the material on record minutely. However, the version of the informant that they proceeded to Goa colony in order to make peace is not consistent with the version of the

witnesses that they saw the accused riding triple seat on motorcycle and then attempted to follow the accused. 5.

Be that as it may, considering the role attributed to the applicant, I am inclined to grant bail. 6.

However, the learned APP Mr. Pathan submitted that considering the propensity of the applicant to indulge in criminal activities, it is apprehended that he may attempt to influence the witnesses or to otherwise tamper with the evidence. The applicant is facing an earlier prosecution under section 326 and 392 of the Indian Penal Code and section 20 of the NDPS Act.

7.

The apprehension is justified. In order to allay the apprehension of the prosecution, the learned counsel Mr. Thakur states on instructions received, that except on dates of hearing, the applicant shall reside within the jurisdiction of the Gadchiroli District, till the conclusion of the trial.

8.

In view of the statement, which is treated as an undertaking to the court, I am exercising discretion in favour of the applicant.

9.

The application is allowed.

10.

The applicant be released on bail on furnishing personal bond of Rs.15,000/- with one solvent surety of the like amount.

11.

The applicant shall leave Nagpur District within forty-eight hours of release and shall reside within the territorial limits of the Gadchiroli District till the conclusion of the trial. The applicant is permitted to enter the territorial limits of Nagpur only to attend the dates of hearing, between 06:00 a.m. to 10:00 p.m. on the hearing dates. It is made abundantly clear, that even a single breach of this condition shall entail cancellation of bail.

12.

The applicant shall report at the Gadchiroli Police Station within the next seventy-two hours and shall furnish to the Station Officer the address at Gadchiroli and the cell phone numbers.

13.

The applicant shall report at Gadchiroli Police Station on every Monday of the week between 10:00 a.m. to 12:00 p.m. and shall obtain acknowledgment of attendance in a diary maintained for that purpose. 14.

The applicant shall not make any attempt to influence the witnesses, directly or indirectly. 15.

The applicant shall not leave the country without the permission of the trial Court.

16.

At the request of the learned counsel Mr. Thakur Hamdast of this order be issued in the name of the Police Station Officer, Police Station Gadchiroli in addition to the regular Hamdast.

17.

The application is disposed of accordingly.

JUDGE NSN