Palash S/O Avinash Ingle And 2 Another v. State Of Maharashtra, Thr. Pso Ps Kapilnagar, Nagpur

17BA1272.20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 1272 OF 2020 Palash s/o Avinash Ingle and others Vrs.

State of Maharashtra, thr. P.S.O., P.S. Kapilnagar, Nagpur -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order --------------------------------------------------------------------------------------------------------- Shri P.S. Jaiswal, Adv. for the applicant.

Mrs. S.S. Jachak, APP for the non-applicant / State. .....

CORAM : PUSHPA V. GANEDIWALA, J.

JANUARY 06, 2021.

Heard.

2.

The applicants are seeking bail in Crime No.

410/2020 registered at Police Station Kapilnagar, Nagpur, for the offence punishable under Sections 302, 307, 504 read with Section 34 of the Indian Penal Code and Section 135 of the Maharashtra Police Act, 1951.

3.

I have perused the application, affidavit-inreply filed on behalf of the State and the documents annexed with the assistance of learned counsel on behalf of both the sides.

4.

The whole case is based on circumstantial evidence. There is no eye witness to the incident. The cause of death as per post-mortem report is Septicemia with peritonitis with history of stab injury. Nothing is recovered at the instance of these applicants. 5.

The prosecution also could not point out any motive for commission of the present crime by the

17BA1272.20.odt applicant and no criminal antecedents against the present applicants. The investigation is completed and the charge-sheet is also filed, this Court is inclined to grant him bail. Hence, the following order : :

(i) The applicants - (i) Palash s/o Avinash Ingle, (ii) Rtitik s/o Mahesh Thakur and (iii) Sudhanshu s/o Mangesh Ukey shall be released on bail on executing Personal bond of Rs. 25,000/- (Rs. Twenty five thousand only) each with one surety each in the like amount.

(ii) The applicants shall not issue threats to the witnesses or tamper with the evidence.

(iii) The applicants to attend the concerned police station once in a month i.e. on every first Monday of the month between 12.00 noon and 2.00 p.m.

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.

7.

The criminal application is disposed of accordingly.

JUDGE D.S. Baldwa