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Bombay High CourtBA/1145/2024allowed

Aman S/O Raju Rangari v. The State Of Maharashtra Thr Pso, Ps, Beltarodi, Nagpur

2024-12-16Hon'Ble Justice Urmila Joshi Phalke3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO. 1145 OF 2024 Aman s/o Raju Rangari Vs State Of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms. P.C. Amesar, counsel for applicant.

Ms. H.N.Prabhu, APP for non-applicant/State.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 16/12/2024.

1.

The applicant came to be arrested on 10/06/2024 in connection with Crime No. 375/2024 registered with Police Station Beltarodi Nagpur for the offence punishable under Sections 143, 147, 148, 307,504 read with Section 149 of the Indian Penal Code, 1860; and Section 135 of the Maharashtra Police Act.

2.

Heard learned counsel for the applicant, who submitted that the crime is registered on the basis of a report lodged by the informant, i.e. injured Akash Sudama Lilare, on an allegation that on 09/06/2024, when they were chit-chatting near the Shitla Mata Mandir, at the relevant time, Dilip Shahu and Piyush Sontakke driven their car in a high and excessive speed. Therefore, they restrained them and asked them to drive the vehicle at a moderate speed. On that count, there was an altercation of the words between them. At the relevant time, the present applicant and other co-accused came there and assaulted

them by fist and kick blows and also bricks and stones, and one co-accused, Jay Suryawanshi, has assaulted him by means of broken glass as well as a knife. In the said incident, along with him, two others were injured and sustained the injuries. On the basis of the said report, police have registered the crime.

3.

Learned counsel for the applicant submitted that the investigation is already completed and the charge sheet is already filed. All the injured have sustained simple injuries, and they are already discharged from the hospital. The role attributed to the present applicant is general in nature. No specific allegations as to the assault are concerned. With the similar allegation, the other coaccused, Jagdish Sahanai, is already released on bail. In view of that, the applicant be released on bail. 4.

Learned APP strongly opposed the said application and submitted that, in furtherance of a common object, the injured has assaulted by the present applicant and other co-accused on a trifle reason. In view of that, the application deserves to be rejected. She further submitted that there are criminal antecedents against the present applicant, and other cross-complainant, the deceased, is dead.

5.

After hearing both sides and on perusal of the investigation papers, it reveals that a general allegation is levelled against the present applicant, and the role of giving a blow on the head with the broken glass as well as

the knife is against the other co-accused. All the three injured have sustained simple injuries. Now the investigation is already completed, and charge-sheet is already filed. Considering the role attributed to the present applicant, the applicant has made out a case for grant of bail. In view of that, I proceed to pass the following order. a] The criminal application is allowed.

b] The applicant - Aman s/o Raju Rangari, shall be released on bail, in connection with Crime No. 375/2024 registered with Police Station Beltarodi Nagpur for the offence punishable under Sections 143, 147, 148, 307,504 read with Section 149 of the Indian Penal Code, 1860; and Section 135 of the Maharashtra Police Act, on executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

c] The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the present case.

d] The applicant shall attend the proceedings before the Sessions Court without seeking any exemption unless there are exceptional circumstances.

The criminal application is disposed of.

[URMILA JOSHI-PHALKE, J.]