Vaibhav Shrikrishna Dorik v. State Of Mah.T Hr. Pso Ps Darwha Dist.Yavatmal

37.ba.1252.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.1252 OF 2022 Vaibhav Shrikrishna Dorik .Vs. State of Maharashtra, through P.S.O., P.S. Darwha, Dist. Yavatmal Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Rahul Tajne, Advocate for the applicant. Shri V.A. Thakare, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 30/11/2022 1.

Heard.

2.

The applicant is seeking bail in Crime No.318 of 2022, registered with Police Station: Darwha, District: Yavatmal, for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code. 3.

Except the statement of co-accused, there is nothing to show that the applicant is involved in the alleged offence. There is no prima facie material even to support the statement of co-accused that the applicant is involved in the alleged offence.

4.

Thus, in the circumstances, absence of any incriminating material available in the case diary to show that the applicant is connected with the alleged offence coupled with the fact that, after completion of investigation, C.L.Dhakate

37.ba.1252.22.odt charge-sheet has been filed, I am of the opinion that further custody of the applicant is not necessary in this case. In the circumstances, though the learned APP is opposing the present application, I pass the following order: a) The criminal application is allowed.

b) It is directed that the applicant in Crime No.318 of 2022, registered with Police Station: Darwha, District: Yavatmal, for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 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 as and when his presence is required. The criminal application is disposed of accordingly.

JUDGE Signed By:CHETAN LOPCHAND DHAKATE Personal Assistant to the Hon'ble Judge C.L.Dhakate