Mahavir Maruti Bhosale And ANR v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1462 OF 2024 Mahavir Maruti Bhosale and Anr.

...

Applicants V/s.

The State of Maharashtra ...

Respondent ------------------- Mr. Tejas Hilage, for the applicant.

Mr. Sameer Mangaonkar, APP, for the Respondent/State. PSI, M.M. Shaikh, Rajapur Police Station, Present. --------------------- Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2024.08.12 19:02:53 +0530

CORAM

:

ANIL S. KILOR, J.

VARSHA DEEPAK GAIKWAD DATE :

12TH AUGUST, 2024.

PC:

1.

Heard.

2.

By this application under Section 439 of the Code of Criminal Procedure the applicants are seeking bail in Crime No.119 of 2023, registered with Rajapur Police Station, Ratnagiri, for the offences punishable under Sections 353, 467, 468, 471, 474, 143, 144, 147, 148, 149, 224, 225, 120 (B), 75, 34 of the Indian Penal Code read with Sections 27 and 3/25 of the Arms Act.

3.

Having through the charge-sheet and the material collected by the IO during the investigation and further considering the role attributed to the applicants and the role attributed to the co-accused, it

is evident that the serious allegations and main role is attributed against the applicant nos. 7, 8 and 9 who are said to be absconding and not against the applicant.

4.

Thus, considering the nature of allegations against the present applicants and the nature of evidence collected by the IO during the investigation against the applicants, coupled with the period of incarceration of the applicants i.e. 11 months, I am of the opinion that the applicants are entitled for grant of bail. Accordingly, I pass the following order:

ORDER

(i) Criminal Bail Application is allowed;

(ii) It is directed that the applicants shall be released on bail in Crime No.119 of 2023, registered with Rajapur Police Station, Ratnagiri, for the offences punishable under Sections 353, 467, 468, 471, 474, 143, 144, 147, 148, 149, 224, 225, 120 (B), 75, 34 of the Indian Penal Code read with Sections 27 and 3/25 of the Arms Act, on furnishing P.R.Bond of Rupees Fifty Thousand (each) with one solvent surety in the like amount;

iii) The applicants 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;

v) Liberty is granted to the State to apply for

cancellation of bail in case of any breach of condition if the applicant commenced similar offence;

vi) The applicants shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial Court.

5.

The application is disposed of.

(ANIL S. KILOR, J)