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Bombay High CourtBA/1173/2019allowed

Rushikesh S/O Vinayak Ukey v. State Of Mah., Thr. Police Station Imamwada Dist Nagpur

2020-01-08Hon'Ble Shri Justice V.M. Deshpande3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (BA) NO.1173/2019 Rushikesh s/o Vinayak Ukey ..vs..

State of Mah., thr. PS Imamwada, Nagpur ................................................................................................................................................................... OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ................................................................................................................................................................... Shri U.P.Dable, Counsel for the Applicant.

Shri N.R.Rode, Addl.P.P. for the State.

CORAM

: V.M.DESHPANDE, J.

DATED : JANUARY 08, 2020 .

1.

This is an application for grant of bail.

2.

Heard learned counsel Shri U.P.Dable for the applicant and learned Additional Public Prosecutor Shri N.R.Rode for the State. Also, perused chargesheet and reply filed by the State.

3.

The applicant is arrested in connection with Crime No.1/2019 registered with Imamwada Police Station, Nagpur for offences punishable under Sections 307, 324, 323, 143, 147, 148, 149, and 504 of the Indian Penal Code, and under Sections 4 and 25 of the Arms Act and under Sections 135 and 142 of the Bombay Police Act. 4.

Investigation is over. Chargesheet is already filed.

5.

First Information Report is lodged by Suraj Kailash Barmate. Though it is stated in the First Information .....2/-

Report that the present applicant was holding a weapon, no specific role is attributed to him that he used weapon. 6.

Since chargesheet is already filed and according to learned Additional Public Prosecutor Shri N.R.Rode for the State role attributed to the applicant is that he assaulted by means of fists blows, in my view, the applicant need not be continued his presence in jail. That leads me to pass following order:

ORDER

(1) The criminal application is allowed.

(2) Applicant-Rushikesh s/o Vinayak Ukey, in connection with Crime No.1/2019 registered with Imamwada Police Station, Nagpur for offences punishable under Sections 307, 324, 323, 143, 147, 148, 149, and 504 of the Indian Penal Code, and under Sections 4 and 25 of the Arms Act and under Sections 135 and 142 of the Bombay Police Act, be released on bail on his executing a P.R.Bond in the sum of Rs.10,000/- with one solvent surety of the like amount.

(3) The applicant shall attend the police station twice a week i.e. on every Monday and Friday, till culmination of Trial and shall be with Investigation Officer from 3:00 p.m. to 5:00 p.m..

(4) If the applicant is not attending the police station for consecutive two occasions, it shall be open for Investigating .....3/-

Officer to file an application for cancellation of bail before this Court.

With this, the criminal application stands disposed of accordingly.

JUDGE !! BRW !!

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