Vikas S/O Devidas Nagre v. The State Of Maharashtra Thr Pso Andhera Dist. Buldhana

2024:BHC-NAG:7170

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO.566 OF 2024 (Vikas s/o Devidas Nagre Vs. 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 --------------------------------------------------------------------------------------------------------- Mr. K.H. Anandani, Advocate for the applicant. Ms S. Thakur, APP for the State.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- JULY 8, 2024.

By this application the applicant is seeking bail in connection with Crime No.119/2024 registered with Police Station Andhera, District Buldhana for the offence punishable under Sections 307 of the Indian Penal Code, 1860.

2.

Learned Counsel for the applicant submitted that as per the allegation one Pravin Ramprasad Tejankar has lodged the report alleging that due to the previous dispute, the present applicant has drove the car on his person and in the said incident he as well as his uncle has sustained the injuries. On the basis of said report, police have registered the crime. He submitted that it is mere an accident, no intention is attributed to the present applicant. Now, investigation is already completed. The injured have sustained the simple injuries, they are already discharged from the hospital. Considering the investigation is already completed, further incarceration is not required. Hence, he be released on bail.

3.

Learned APP strongly opposed the said application on the ground that with an intention to commit the murder, the present applicant drove the car on the person of the injured due to the previous enmity. Considering the manner in which the alleged incident has taken place, the application deserves to be rejected. 4.

I have heard learned Counsel for the both the parties. Perused the investigation papers from which it reveals that now investigation is already completed, the injured are already discharged from the hospital. From the statements of the witnesses it reveals that due to the noise of the dash of two vehicles, people gathered there. Thus, from the statements of the witnesses it reveals that during accident, the injured has sustained the injuries. However, considering the allegation against the present applicant, it would not be appropriate to comment on the evidence at this stage. Considering now the investigation is completed and charge-sheet is filed, further incarceration is not required. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass the following order:

(i) The application is allowed.

(ii) The applicant - Vikas s/o Devidas Nagre in connection with Crime No.119/2024 registered with Police Station Andhera, District Buldhana for the offence punishable under Sections 307 of the Indian

Penal Code, 1860, be released on bail on executing P.R. Bond in the sum of Rs.

25,000/- with one solvent surety in the like amount.

(iii) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the present case.

(iv) The applicant shall attend the proceedings before the trial Court without seeking any exemption unless there are exceptional circumstances.

5.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) *Divya