Abhishek Chandrakant Kanase v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 1830 OF 2023 ABHISHEK CHANDRAKANT KANASE ..APPLICANT VS.

THE STATE OF MAHARASHTRA ..RESPONDENT Mr. Aniket Nikam i/b Mr. Amit Icham, for the applicant. Ms. Rutuja Ambekar, APP for the State.

CORAM : M. S. KARNIK, J.

DATE : AUGUST 29, 2023.

P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail in respect of the offence punishable under Sections 302, 364, 364A, 362, 397, 201 of the Indian Penal Code (hereafter 'IPC' for short) registered vide C.R. No.310 of 2022 dated 15/08/2022 with Sangli Rural Police Station. The applicant is arrested on 28/08/2022.

3.

There are 3 accused in all. The applicant is the accused no.3. The entire case rests on the circumstantial evidence. There is no recovery from the applicant. Learned APP relied upon one extra 1/3

judicial confession made by the applicant to one Shri Uddhav Koli. As per the said witness, though the confession was given on 13/08/2022, the same was disclosed to the investigation agency only on 31/08/2022. The applicant is in custody for more than 1 year. The applicant along with 2 other accused are alleged to have committed murder of one Shri Manikrao Patil in a sugarcane field. The investigation is complete and charge-sheet filed. There are no criminal antecedents reported against the applicant. The applicant does not appear to be a flight risk. The applicant is a young boy of 19 years of age.

4.

Hence, the following order :-

O R D E R

(a) The application is allowed.

(b) The applicant- Abhishek Chandrakant Kanase in connection with C.R. No. 310/2022 registered with Sangli Rural Police Station shall be released on bail on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.

(c) The applicant shall attend the Investigating Officer of the Sangli Rural police station once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m. 2/3

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence.

(e) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

5.

The application is disposed of.

(M. S. KARNIK, J.) 3/3 Signed by: Urmila P. Ingale Designation: PS To Honourable Judge Date: 29/08/2023 18:52:04