Ajay @ Ajju S/O Suraj Chouhan v. State Of Maharashtra Thr. Pso Ps Yashodhara Nagar, Nagpur

35BA1117.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 1117 OF 2020 (Ajay @ Ajju s/o Suraj Chouhan Vrs. State of Maharashtra, P.S.O., P.S. Yashodhara Nagar, Nagpur) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order --------------------------------------------------------------------------------------------------------- Shri C.B. Barve, Adv. for the applicant.

Shri H.D. Dubey, APP for the non-applicant / State. CORAM : PUSHPA V. GANEDIWALA, J.

DECEMBER 14, 2020.

Heard.

The applicant is seeking bail in Crime No.

9/2020 for the offence punishable under Sections 302, 201, 120(B)(i), 143, 144, 147, 148, 149 read with Section 34 of the Indian Penal Code, read with Sections 4/25, 4/27 of the Arms Act, read with Section 135 of the Maharashtra Police Act, registered by Yashodhara Police Station, Nagpur 3.

Perused the application, affidavit-in-reply filed on behalf of the non-applicant - State and the charge-sheet, with the assistance of both counsel. 4.

The charge-sheet shows recovery of clothes at the instance of the present applicant i.e. one blue jeans pant and one white colour checks shirt, however, the name of the present applicant is neither mentioned in the F.I.R. nor in the panchnama.

35BA1117.2020.odt 5.

The prosecution also could not point out any substantive material to connect the present applicant to the said crime.

6.

The similarly situated co-accused is already released on bail by this Court. Hence this Court is inclined to grant him bail on the following conditions : (i) The applicant - Ajay @ Ajju s/o Suraj Chouhan shall be released on bail on executing Personal Bond of Rs. 25,000/- (Rs. Twenty five thousand only) with one surety in the like amount.

(ii) The applicant shall not issue threats or tamper the prosecution witnesses.

(iii) The applicant shall attend Police Station once in a month on every first Thursday of the month.

(iv) Needless to mention that the observations made in this application are strictly for deciding the present application of the applicant for bail and the trial Court shall not get influenced by the same and shall be free to decide the matter on its merits.

7.

The criminal application is disposed of accordingly.

JUDGE D.S. Baldwa