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Bombay High CourtBA/723/2021disposed off

Ramkrushna @ Rama S/O Sudam Meshram v. The State Of Maharashtra, Thr. Police Station Officer, Police Station Lakadganj, Dist. Nagpur

2021-08-10Hon'Ble Shri Justice Rohit Baban Deo3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application (BA) 723/2021 Ramkrushna @ Rama Meshram V State of Maharashtra, PSO Lakadganj, Nagpur ******************************************************************************************************************* Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

******************************************************************************************************************* Mr. M.S. Dube, Advocate for applicant.

Mr. M.K. Pathan, APP for State.

CORAM : ROHIT B. DEO, J.

DATE : August, 10, 2021.

The applicant is seeking bail in connection with Crime 387 of 2020 registered with Police Station Lakadganj, District Nagpur, under Sections 302, 201 read with section 34 of the Indian Penal Code (for short, 'I.P.C.').

2.

The dead body of Dheeraj @ Bhola Salve was discovered at the Mal Dhakka of the Itwari Railway Station on 01-06-2020, with strangulation marks.

3.

Along with the applicant two persons namely Harshal Meshram and Shubham Bhagat are arraigned as accused. 4.

While Harshal Meshram is released on bail by this Court (Coram- Smt. Pushpa V. Ganediwala, J.) vide order dated 05-01-2021, Shubham Bhagat is released on bail by this Court (Coram- Shri Vinay Joshi, J.) vide order dated 31-03-2021.

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The incriminating material pointed out by the learned Additional Public Prosecutor Mr. M.K. Pathan is the Call Detail Record showing the presence of the applicant in the vicinity. However, such was the material pressed in service even in the case of Harshal Meshram. Insofar as Shubham, who is released on bail, there was additional material in the form of discovery of spot and motorcycle of the deceased.

6.

The case of the present applicant stands on a better footing than the case of co-accused Shubham who is released on bail.

7.

Even otherwise even dehors the principle of parity, in view of the nature and extent of the alleged incriminatory material, a case for bail is made out.

8.

The applicant be released on bail in connection with Crime 387 of 2020 registered with Police Station Lakadganj, District Nagpur, under Sections 302, 201 read with section 34 of the I.P.C., on executing PR bond of Rs. 15,000/- (Rupees Fifteen Thousand) with one solvent surety of the like amount. 9.

The applicant shall, within 48 hrs of release from custody, furnish the current address, cell number/s and any other relevant details by placing on record of the jurisdictional

3/3 Court an appropriate praecipe and shall scrupulously update this information in case of any change.

10.

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

11.

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

JUDGE Deshmukh