Vitthal Mansing Chavhan v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.459 OF 2024 Vitthal Mansing Chavhan ...

Applicant V/s.

State of Maharashtra ...

Respondent ------------------- Mr. Bhagyesha Kurane I.by Vijay Kurle, for the applicant. Mr. Shreeram Chaudhari, APP, for the Respondent / State. Mr. Mahesh Swami, PI, Akkolkot Police Station, Present. --------------------- Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2024.08.31 13:22:09 +0530

CORAM

:

ANIL S. KILOR, J.

VARSHA DEEPAK GAIKWAD DATE :

30TH AUGUST, 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.181 of 2022, registered with Akkalkot South Police Station, Solapur for the offences punishable under Sections 302, 201, 120(B), 364, 365, 368, 202 r/w. 34 of the Indian Penal Code.

3.

The whole case is based on circumstantial evidence i.e. the last seen. The witness who claimed to have seen the applicant along with deceased gave a statement on 09.05.2022 whereas, the deceased was missing from 11.11.2021. The reason for not disclosing the said fact

appears to be not probable.

4.

The applicant is in the government service. There is no possibility that he will not be available for trial. The applicant was arrested on 09.08.2022. The applicant is in jail for more than 2 years and there is no possibility that in near future the trial would be concluded.

5.

In the circumstances, as there is no direct evidence available on record against the applicant, I am of the opinion that this is a fit case for grant of bail.

6.

The learned APP is strongly opposing the application and has expressed the apprehension that the applicant is in police department he may pressurize the prosecution witness or he may tamper with the prosecution evidence. The said apprehension can be addressed by imposing certain stringent conditions. Hence, I pass the following order:

ORDER

(i) Criminal Bail Application is allowed and disposed off; (ii) It is directed that the applicant shall be released on bail in Crime No.181 of 2022, registered with Akkalkot South Police Station, Solapur for the offences punishable under Sections 302, 201, 120(B), 364, 365, 368, 202 r/w. 34 of the Indian Penal Code, on furnishing P.R.Bond of Rupees Twenty-five Thousand with one solvent surety in the like

amount;

iii) The applicant shall not enter into the territorial jurisdiction of the District-Solapur till the conclusion of the trial;

iv) The applicant shall provide his address and name of the nearby police station to the IO, which he shall attend on 1st and 16th day of every month between 10.00a.m. to 11.00 a.m., till the conclusion of the trial except on the date of trial; v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, as also not tamper with the evidence;

vi) Liberty is granted to the State for cancellation of bail if the applicant commits similar offence;

vii) The applicant shall attend the trial before the Trial Court regularly on every date unless exempted by the trial Court for any reason.

(ANIL S. KILOR, J)