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Bombay High CourtBA/714/2021allowed

Rishikesh @ Golu S/O Subhashrao Khiradkar v. The State Of Maharashtra, Thr. Police Station Officer, Khamgaon City, Tah. Khamgaon, Dist. Buldhana

2021-08-11Hon'Ble Shri Justice Rohit Baban Deo2 pages

1 ba 714.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Criminal Application (BA) No. 714 of 2021 [Rishikesh @ Golu S/o Subhashrao Khiradkar ..vs.. State of Maharashtra, through P.S.O., P.S., Khamgaon City, Tah. Khamgaon, District Buldana] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S. D. Chande, Advocate for the applicant Mr. M. K. Pathan, APP for the State/non-applicant Mr. H. R. Gadhia, Advocate to assist the prosecution CORAM : ROHIT B. DEO, J.

DATED : 11-08-2021 Heard Mr. Chande, learned counsel for the applicant, Mr. Mehroz Pathan, learned Additional Public Prosecutor and Mr. H. R. Gadhia, learned counsel who is permitted to assist the prosecution.

2.

At the very outset, it is submitted by Mr. Chande that co-accused Ram Ahir and Anandmohan Ahir are granted bail by this Court vide order dated 10-8-2021 and the case of the applicant stands on better footing since his name is not disclosed in the First Information Report. This submission is not factually disputed by Mr. Pathan.

3.

While granting bail to the co-accused, this Court noted that none of the injured suffered grievous injury and the alleged assault did not target any vital part of the body.

2 ba 714.2021 4.

The applicant has no adverse antecedent and is not at a flight risk.

5.

The application is allowed on facts and also on the principle of parity.

6.

The applicant be released on bail in connection with Crime 170/2021, registered with Police Station, Khamgaon City, for offences punishable under Sections 307, 325, 143, 147, 148, 149 and 504 of the Indian Penal Code, on executing PR bond of 16,000/- (Rupees ⊼ɘ Sixteen Thousand) with solvent surety of like amount subject to the following conditions.

(a) The applicant shall not, directly or indirectly, make any attempt to influence the witnesses or otherwise tamper with the evidence.

(b) The applicant shall not leave the country without the permission of the jurisdictional Court.

JUDGE wasnik