Ajay Shankar Chittalwar v. State Of Maharashtra Thr. Station House Officer Awadhutwadi Police Station, Yavatmal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 1026 OF 2020 Ajay Shankar Chittalwar Vs.

The State of Maharashtra _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri V.D. Darne, Advocate for the applicant.

Shri S.A. Ashirgade, A.P.P. for the non-applicant/State. CORAM : PUSHPA V. GANEDIWALA, J.

DATED : DECEMBER 03, 2020.

Heard.

2.

The applicant is said to be arrested on 14/05/2020 in connection with Crime No. 416/2020 dated 25/05/2020 registered at Police Station Awadutwadi, District Yavatmal for the offence punishable under Sections 302, 201 and 120(B) of the Indian Penal Code, 1860. 3.

The allegation against the present applicant, as per the prosecution case, that the present applicant was in continuous contact with the co-accused no. 1 - Kanchan, who is the main accused i.e. the wife of the deceasedRamdas in administering poison to the deceased. It is further alleged that the present applicant was having illicit relationship with the co-accused no. 1-Kanchan, and as he was found in continuous contact with her on cell-phone, pre

and post incident, doubt is raised against him and hence, he has been arrayed in this crime as a conspirator. 4.

Shri Ashirgade, learned APP, strongly opposed the bail application, though the reply affidavit filed on record.

5.

Perusd the application, reply affidavit and the charge-sheet with the assistance of learned Counsel appearing for both the parties.

6.

Considering the role attributed to the present applicant, so also in the absence of any other substantive material available against him, this Court is of the opinion with stringent conditions, he can be released on bail. Hence, the following order:

ORDER.

i.

The Criminal Application is allowed.

ii.

The applicant-Ajay Shankar Chittalwar be released on bail on his furnishing PR bond in the sum of Rs.25,000/- (rupees twenty five thousand) with one solvent surety in the like amount.

iii.

The applicant shall not tamper with the prosecution evidence.

iv.

The applicant to attend the concerned police station on every first Thursday of each month between noon to 2.00 pm.

7.

The Criminal Application is disposed of accordingly.

JUDGE S.M. Gate