Sukhdev S/O Mahadev Rathod v. State Of Mah. Thr. Pso Ps Ural Tal.Balapur Dist.Akola

1 ba 732.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Criminal Application (BA) No. 732 of 2021 [Sukhdev S/o Mahadev Rathod ..vs.. State of Maharashtra through P.S.O., P.S. Ural, Tq. Balalpur, Dist. Akola] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N. R. Tekade, Advocate for the applicant Mrs. K. R. Deshpande, APP for the State/non-applicant CORAM : ROHIT B. DEO, J.

DATED : 09-08-2021 The applicant is seeking bail in connection with Crime 265/2021 registered with Police Station, Ural, Tal. Balapur, District Akola for the offences punishable under Sections 328, 272, 273 and 188 of the Indian Penal Code and Sections 26(2)(i), 26(2)(iv), 30(2)(a) and 59 of the Food Safety and Standards Act.

2.

The contraband [prohibited articles i.e. pan masala (combination of betel leaf and areca nut with or without tobacco) and scented tobacco] allegedly seized from the godown of the applicant is worth 8260/-. The ∌ƈ learned counsel Mr. Tekade would submit that the applicant is not the owner of the godown. This aspect can be looked into by the trial Court.

2 ba 732.2021 3.

It is fairly stated by the learned Additional Public Prosecutor Mrs. Deshpande that although the chargesheet is not yet filed, the investigation appears to be complete. Considering the quantity and value of the contraband and the fact that the applicant has no antecedent as such, I am inclined to grant bail. The application is allowed.

4.

The applicant be released on bail on furnishing PR bond of 15,000/- (Rupees Fifteen Thousand) with ∌ƈ solvent surety of like amount on following conditions. (a) The applicant shall not tamper with the evidence or make any attempt to influence the witnesses, directly or indirectly.

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

5.

The application is disposed of in the aforestated terms.

JUDGE wasnik