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Bombay High CourtBA/816/2022allowed

Dnyaneshwar S/O Sitaram Gore And 4 Others v. State Of Mah. Thr. Pso Ps Janefal Dist.Buldhana

2022-08-11Hon'Ble Shri Justice Anil S. Kilor3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 816 OF 2022 Dnyaneshwar s/o Sitaram Gore and others Versus State of Maharashtra, through P.S.O., PS Janefal, District Buldhana.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.G. Joshi, counsel for the applicants.

Shri S.D.Sirpurkar, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 11/08/2022 1.

The applicants are seeking bail in connection with Crime No. 121 of 2022, registered with Police Station Janefal, District Buldhana, for the offences punishable under Sections 143, 147, 148, 149, 307, 324, 323, 452, 504 and 506 of the Indian Penal Code, 1860.

2.

Learned counsel for the applicants submits that, there are counter FIR's against both the groups. He submits that, the applicant has been falsely implicated in the alleged offence.

3.

He lastly submits that, the applicants are in jail from last more than two months and as the investigation is almost completed, further custody of the applicant is not necessary. Accordingly, he prays for grant of bail. 4.

On the other hand, learned APP strongly opposed the present application.

5.

I have perused the case-diary and the FIR.

6.

On perusal of the injury report, it can be seen that there are three injures of simple in nature. Furthermore, as the applicant is in jail from last more than two months and the investigation is almost completed, I am of the opinion that the further custody of the applicant is not necessary.

7.

In addition to the above referred observations, it can be seen seen that, there are counter FIR's against both the groups. Thus, considering the allegations made in the FIR and the above referred observations, I am of the opinion that, present application needs to be allowed. Accordingly, I pass the following order:

a) The criminal application is allowed.

b) It is directed that in the event of arrest of the applicants in Crime No. 121/2022, registered with Police Station Janefal, District: Buldhana, for the offences punishable under Sections 143, 147, 148, 149, 307, 324, 323, 452, 504 and 506 of the Indian Penal Code, 1860, the applicants be released on bail on furnishing P.R. Bond of Rs.25,000/- each with one solvent surety in the like amount for each of the applicants.

c) The applicants shall attend the concerned Police Station as and when his presence is required.

d) The applicants shall not tamper with the prosecution witnesses.

The criminal application is disposed of, accordingly.

[ANIL S. KILOR, J.]