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Bombay High CourtBA/888/2015allowed

Akash @ Rinku Raju Kale @ Ghadse v. The State Of Maharashtra, Through P.S.O. Chandrapur City Police Station, Chandrapur

2015-12-23Hon'Ble Shri Justice A.B. Chaudhari3 pages

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.888 /2015 (Akash @ rinku Raju kale @ Ghadse vs. State of Maharashtra ) ................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Mr. R.P.Joshi, Adv.for applicant Mr. M.J.Khan, APP for respondent -State CORAM: A.B.CHAUDHARI, J.

DATED : 23rd December, 2015.

Heard learned counsel for the rival parties.

In connection with Crime No. 124/15 registered with police Station, Chandrapur City, for the offences punishable under Sections 143, 147, 148 and 307 of Indian Penal Code and Section 4 read with Section 25 of the Arms Act, the applicant was arrested on 29th May, 2015. Admittedly, the charge-sheet has been filed. The Trial Judge rejected the application for grant of bail principally on the ground that the applicant may tamper with the evidence and there can be escalation of tension amongst the rival parties.

In my opinion, care can be taken by directing the applicant not to enter the boundaries of Chandrapur town till the trial is

over. But the applicant should be entitled to grant of bail, since he has been in jail since May, 2015, particularly after filing of the charge-sheet. That being so, I make the following order:-

O R D E R

[a] Criminal Application No. 888 of 2015 is allowed.

[b] Applicant shall be released on bail upon furnishing a Personal Bond in a sum of Rs. 20,000/- [rupees twenty thousand only] with one surety in the like amount.

[c] The applicant is prohibited from entering the limits of Chandrapur town, and shall reside at other place and shall inform the concerned Police Station of such location.

[d] The Police Station Officer [respondent herein] shall inform this order to the complainant and her family members.

[e] The applicant shall not threaten, pressurize or influence the prosecution witnesses or tamper

with the prosecution evidence.

Any such act on their part shall lead to recall of this order.

JUDGE sahare