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Bombay High CourtBA/922/2022allowed

Vishal S/O Santosh Wagh v. The State Of Maharashtra, Thr. Pso, Dhamangaon Badhe, Tq. Motala, Dist. Buldhana

2022-08-17Hon'Ble Shri Justice Anil S. Kilor3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.922 OF 2022 Vishal s/o Santosh Wagh Versus The State of Maharashtra, through P.S.O., PS Dhamangaon Badhe, Tq. Motala, Dist. Buldhana. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri M.L.Vairgade, counsel for the applicant. Shri T.A.Mirza, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 17/08/2022 1.

The applicant is seeking bail in connection with Crime No. 81 of 2022, registered with Police Station Officer, Police Station Dhamangaon Badhe, Tq. Motala, District Buldhana, for the offences punishable under Sections 394, 395, 120-B read with Section 34 of the Indian Penal Code, 1860.

2.

Learned counsel for the applicant submits that, out of seven accused persons, five accused have been released on bail. It is further submitted that the role of the present applicant and role of the co-accused, who have been released on bail, is similar.

3.

It is submitted that, after completion of the investigation, charge-sheet has been filed, as such further custody of the applicant is not necessary. Accordingly, he prays for grant of bail.

4.

Learned counsel for the applicant further submits that, there are no criminal antecedents to the discredit of the applicant.

5.

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

6.

I have perused the charge-sheet, FIR and also the orders granting bail to the co-accused persons. 7.

In this case, the allegations against the applicant are that the applicant was informing the location of the complainant to the co-accused, who robbed the informant. Out of seven accused persons, five accused have been released on bail.

8.

Considering the role attributed to them and role attributed to the applicant, I am of the opinion that, the applicant is entitled for grant of bail on parity, as applicant is similarly circumstanced. Accordingly, I pass the following order:

a) The criminal application is allowed.

b) It is directed that in the event of arrest of the applicant in Crime No. 81 of 2022, registered with Police Station Dhamangaon Badhe, Tq. Motala, District Buldhana, for the offences punishable under Sections 394, 395, 120-B and 34 of the Indian Penal Code,1860, the applicant shall be released on bail on furnishing P.R. Bond of Rs.25,000/- with one solvent surety in the like amount.

c) The applicant shall attend the concerned Police Station on 1st of each month between 10.00 a.m. to 12.00 noon, till the culmination of the trial. d) The applicant shall not tamper with the prosecution witnesses.

The criminal application is disposed of, accordingly.

[ANIL S. KILOR, J.] Signed By:RAJESH K NANDURKAR