Sandip Haridas Patil And 2 Others v. The State Of Mah. Thr. Pso Ps Babhulgaon Tq.Babhulgaon Dist.Yavatmal

932-ba625-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.625 OF 2022 Sandip Patil and others Versus 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 Shri Rahul Kurekar, Advocate for the applicants. Shri A.M. Deshpande, APP for the State.

CORAM : ANIL S. KILOR, J.

DATED : 22/06/2022 1.

The applicants are seeking bail in Crime No. 344 /2022, registered with Police Station Babhulgaon, Tq. Babhulgaon, District Yavatmal, for the offences punishable under Sections 307, 354 and 294 read with Section 34 of the Indian Penal Code. 2.

The learned counsel for the applicants submit that the applicants have been falsely implicated in the alleged offence. He submits that out of rivalry, the complaint came to be lodged. Accordingly, he prays for grant of pre-arrest bail. 3.

Shri A.M. Deshpande, learned APP strongly opposes the application.

4.

I have perused the Case Diary and the FIR.

5.

Prima-facie, the injury report does not support the case of the prosecution under Section 307 and considering the maximum punishment for the offences punishable under Section 354 and 294, I am of the opinion that the applicant is entitled for grant of bail. rkn

932-ba625-2022.odt 6.

Moreover, there is nothing to show that the applicant would pressurize the prosecution witnesses or tampering the prosecution evidence or he will not be available for trial. In that view of the matter, I pass the following order:

i) The application is allowed.

ii) It is directed that the applicants shall be released on bail in connection with Crime No. 344 /2022, registered with Police Station Babhulgaon, Tq. Babhulgaon, District Yavatmal, for the offences punishable under Sections 307, 354 and 294 read with Section 34 of the Indian Penal Code, on furnishing P.R. Bond in the sum of Rupees Twenty Five Thousand each with one solvent surety in the like amount for each of the applicants.

iii) The applicants shall not tamper with the prosecution evidence.

iv) The applicants shall not leave the jurisdiction of the concerned Police Station without leave of this Court.

The Criminal Application is disposed of accordingly JUDGE Signed By:RAJESH K NANDURKAR rkn