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Bombay High CourtBA/197/2024rejected

Balya @Tushar Ashok Mane v. State Of Maharashtra

2024-10-04Hon'Ble Shri Justice Anil S. Kilor2 pages

905-BA-197-24.DOC Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 197 OF 2024 Balya @ Tushar Ashok Mane ...Applicant Vs.

The State of Maharashtra

...Respondent

Mr. Sachin Deokar, Advocate for Applicant. Ms. S. M. Yadav, APP for State-Respondent.

CORAM:- ANIL S. KILOR, J.

DATED:- 4th OCTOBER, 2024 PC :- 1) Heard.

2) By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No. 533 of 2023 registered with Chikhali Police Station, Pune for the offences punishable under Sections 307, 397, 398, 392, 394, 323, 341, 427 and 506 read with Section 34 of the Indian Penal Code, 1860 and Section 37(1) read with Section 135 of the Maharashtra Police Act 1951, Section 4/25 of the Arms Act, 1959, Section 3 and 7 of Criminal Law Amendment Act and Section 128(1)/177 of Motor Vehicles Act, 1988. 3) Having gone through the charge-sheet and the relevant material collected by the Investigating Officer during the investigation, it is evident that the applicants were seen in the CCTV footage. Furthermore, 1/2

905-BA-197-24.DOC the recoveries are made namely, Koyata, Steel rod and stolen property. In addition to this, there are antecedents from which it can be said that if the applicant is released on bail, he may commit similar offence. 4) Thus, the nature of evidence collected by the Investigating Officer against the applicant shows the complicity of the applicant in the alleged offence. Furthermore, regarding the recovery made from the applicant, I am of the opinion that this is not a fit case for grant bail. 5) In that view of the matter, the application is rejected and disposed of.

6) At this stage, the learned Counsel for the applicant seeks liberty to apply afresh before the trial Court if there is no progress in trial in near future.

7) The applicant may apply afresh before the trial Court, if there is no progress in trial in near future.

[ANIL S. KILOR, J.] 2/2