Mukesh S/O Bharat Nayak v. State Of Mah. Thr. Pso Ramnagar Ps Gondhia Tq. And Dist.Gondia

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 1161 OF 2020 (Mukesh s/o Bharat Nayak vs. The State of Maharashtra thr. PSO, Ramnagar PS, Gondia, District - Gondia) AND CRIMINAL APPLICATION (BA) NO. 1162 OF 2020 (Nikhil s/o Bharat Nayak vs. The State of Maharashtra thr. PSO, Ramnagar PS, Gondia, District - Gondia) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri R.L. Khapre, Senior Advocate with Shri D.R. Khapre and Shri A.P. Thakare, Advocates for the applicants.

Mrs. S. Jachak and Shri H.D. Dubey, APPs for the non-applicant - State.

.....

CORAM : PUSHPA V. GANEDIWALA, J.

DECEMBER 22, 2020.

Heard Shri Khapre, learned Senior Advocate for the applicants and Shri Dubey, learned APP for the non-applicant - State.

2.

The applicants - Mukesh s/o Bharat Nayak and Nikhil s/o Bharat Nayak, are seeking bail in Crime No. 275 of 2020 dated 22.08.2020 for the offence punishable under Sections 385, 387, 504, 506 read with Section 34 of the Indian Penal Code, registered at Ramnagar Police Station, Gondia, District - Gondia.

3.

The allegations against the present applicants is that they on behalf of Ramesh Narayan Patel made a phone call to the informant for an amount of Rs.45,00,000/- (Rs. Forty five lakh only). The informant in the FIR states that he had a business relations with Ramesh Patel since long back and now he is claiming Rs.45 lakh towards balance amount for the past business relations and on behalf of Ramesh Patel, the present applicants made a extortion call and gave threats of life to him.

4.

Now, the investigation in the case is completed and the charge sheet is also filed. Considering the nature of allegations and the nature of offence, this Court is inclined to grant bail to the applicants.

5.

Criminal application is allowed on the following conditions :

(i) The applicants - Mukesh s/o Bharat Nayak and Nikhil s/o Bharat Nayak, shall be released on bail on executing Personal Bond of Rs.20,000/- (Rs. Twenty thousand only) each with one surety each in the like amount.

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

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

6.

Needless to mention that the observations made in this application are strictly for deciding the present application of the applicants and the trial Court shall not get influenced by the same and shall be free to decide the matter on its merits. JUDGE *GS.