Om @ Omkar Sachin Ukarande v. State Of Maharashtra
Sayali Upasani
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 732 OF 2024 Om @ Omkar Sachin Ukarande ...Applicant Vs.
The State of Maharashtra
...Respondent
Mr. Aniket Nikam i/b Mr. Amit Icham , for the applicant. Mr. P. P. Gaikwad, APP for State-Respondent.
Mr. Firoz Shaikh, PSI, Present.
CORAM:- ANIL S. KILOR, J.
DATED:- 26th 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. 248 of 2023 registered with Sahakarnagar Police Station, Pune for the offences punishable under Sections 307 and 504 read with Section 34 of the Indian Penal Code, 1860 and Sections 4/25 of Arms Act, 1959 and Sections 37(1)(3) read with Section 135 of the Maharashtra Police Act, 1951.
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3) The applicant is in jail from about one year. In the meantime, the charge-sheet has been filed after completion of the investigation. After going through the injury certificate though the grievous injuries were caused to the informant, considering the nature of the evidence collected by the Investigating Officer and the allegations against the applicant, I am of the opinion that further custody of the applicant is not required. Furthermore, there are no antecedents against the applicant. However, considering that there is an enmity between the two groups, the learned Counsel for the applicant, on instructions, states that the applicant is ready to stay outside the Pune District. In that view of the matter, I pass the following order.
ORDER
i.
The Bail Application is allowed;
ii.
It is directed that the Applicant shall be released on bail in Crime No. 248 of 2023 registered with Sahakarnagar Police Station, Pune for the offences punishable under Sections 307 and 504 read with Section 34 of the Indian Penal Code, 1860 and Sections 4/25 of Arms Act, 1959 and Sections 37(1)(3) read with Section 135 of the Maharashtra Police Act, 1951, on furnishing P.R. Bond of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety in the like amount; iii The applicant shall not enter into the territorial jurisdiction of Pune District till the conclusion of the trial except on the date of trial;
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iv.
The applicant shall provide his address and name of the nearby police station to the I.O, which he shall attend the said Police Station on 1st day of every month between 12.00 noon to 2.00 p.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 to apply 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.
viii. Application stands disposed of, accordingly. [ANIL S. KILOR, J.] 3/3