Mahadeo Yeshu Narote v. The State Of Maharashtra, Thr. Pso, Sub Police Station Pendhari, Tahsil Dhanora, Dist. Gadchiroli

2025:BHC-NAG:7505

(1) 928.ba.716.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.716 OF 2025 Mahadeo Yeshu Narote Vs.

State of Maharashtra, through Police Station Officer, Sub-Police Station Pendhari, District Gadchiroli -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Mohit Madhwani, Counsel h/f Mr. M. A. Deo, Counsel for the applicant. Mr. M. J. Khan, APP for non-applicant/State.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 01/08/2025 1.

The applicant came to be arrested on 21.05.2023 in connection with Crime No.7/2023 registered with Sub-Police Station, Pendhari, District Gadchiroli for the offences punishable under Sections 143, 147, 302, 201 504, 506 read with Section 149 of the Indian Penal Code.

2.

As per the accusation, the information is lodged by the wife of the deceased on 21.05.2023 alleging that on 13.05.2023 at about 9.00 p.m., the informant along with her husband were present in their house and they were called for meeting. In the said meeting, there was an altercation of words between her husband and other villagers and other villagers have assaulted her husband. As far as the present applicant is concerned, similar allegation is

(2) 928.ba.716.2025 levelled that he long with the other co-accused assaulted the deceased by means of fist and kick blows. Other co-accused are released on bail by this Court.

3.

Heard learned Counsel for the applicant. He reiterated the said contentions and submitted that this Court has already considered the application of the other co-accused and the similar role is attributed to the present applicant. Now investigation is already completed, charge-sheet is filed. In view of that, the applicant be released on bail.

4.

Learned APP strongly opposed the said application and taken me through the entire material collected during the investigation and especially the statements of the eye witnesses from which it reveals that the allegation against the present applicant is that he assaulted the deceased by means of kicks and fist blows.

5.

Now investigation is already completed charge sheet is filed and further incarceration of the present applicant is not required, in view of that application deserves to be allowed. Hence, I proceed to pass following order:

ORDER

(i) The application is allowed.

(3) 928.ba.716.2025 (ii) The applicant Mahadeo Yeshu Narote shall be released on bail in connection with Crime No.7/2023 registered with Sub-Police Station, Pendhari, District Gadchiroli for the offences punishable under Sections 143, 147, 302, 201, 504 and 506 read with Section 149 of the Indian Penal Code, on executing PR bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

(iii) The applicant shall not enter into the vicinity of Hadapeth, Taluka Dhanora, District Gadchiroli, till culmination of the trial.

(iv) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.

(v) The applicant shall not indulge himself in similar type of the activities.

(vi) The contravention of any of the conditions would lead to the cancellation of the bail.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate