Gopal S/O Ramrao Daberao v. State Of Maharashtra Thr. Pso Ps Borgaon Manju, Dist. Akola

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 1120 OF 2020 Gopal s/o Ramrao Daberao Vrs.

State of Maharashtra, thr. P.S.O. Borgaon Manju, Dist. Akola -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order --------------------------------------------------------------------------------------------------------- Shri S.I. Ghatte, Adv. for the applicant.

Shri H.D. Dubey, APP for the non-applicant / State. .....

CORAM : PUSHPA V. GANEDIWALA, J.

DECEMBER 07, 2020.

Heard.

2.

The present applicant is seeking bail in Crime No. 332/2020 registered at Police Station Borgaon Manju, Dist. Akola for the offence punishable under Sections 307, 452 and 354 read with Section 34 of the Indian Penal Code.

3.

Perused the application, affidavit-in-reply filed on behalf of the State, and the charge-sheet. 4.

At the outset, the allegation against the present applicant is that the applicant, during quarrel on the issue of throwing garbage, poured petrol on the person of the victim and ignited her. When the victim started screaming, the applicant along with his wife

extinguished the fire.

5.

A perusal of medical report would reflect burn injuries to the extent of 15% (superficial). 6.

The other co-accused i.e. both the sons of the applicant are already on bail.

7.

Taking into consideration the fact that the applicant along with his wife extinguished the fire, there does not appear to be any intention to commit murder. Further, the investigation is completed and the charge-sheet is also filed. The victim, being the neighbour of the present applicant, there are chances of threatening the victim by the applicant and hence, apprehension can be taken care of by imposing suitable conditions : (i) The applicant - Gopal s/o Ramrao Daberao shall be released on bail on executing Personal bond of Rs. 30,000/- with a solvent surety of like amount.

(ii) The applicant shall not enter in the area where the victim resides.

(iii) The applicant shall not leave his local jurisdiction without prior intimation to the concerned police station.

(iv) The applicant shall not pressurize the prosecution witnesses directly or indirectly. (v) The applicant to attend the concerned police station once in a month i.e.

on every first Tuesday of the month between 12.00 noon and 2.00 p.m.

(vi) Needless to say that the aforesaid observations are only for the purpose of deciding this application for bail and the same shall not come in the way of the trial Court to decide the trial.

JUDGE D.S. Baldwa