Ganesh Ramesh Bhoye v. State Of Maharashtra

Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1547 OF 2024 Ganesh Ramesh Bhoye ...Applicant Vs.

The State of Maharashtra

...Respondent

Mr. Aniket Vagal, for the applicant.

Mr. S. M. Mangaonkar, APP for State-Respondent. Mr. K. M Kabad, Police Constable, Mumbai Naka Police Station, Nashik, Present.

CORAM:- ANIL S. KILOR, J.

DATED:- 12th 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.143 of 2022 registered with Mumbai Naka Police Station, Dist. Nashik, for the offences punishable under Sections 302 and 504 read with Section 34 of the Indian Penal Code, 1860.

1/3

3) Having gone through the charge-sheet and the material collected by the Investigating Officer during the investigation, it is evident that the quarrel was going on and the deceased went there to pacify both groups. At that time the accused persons inflicted a blow by knife, due to which the deceased died. It is further evident that there is no motive against the deceased, and prima facie there was no such intention to kill the deceased.

4) The applicant is in jail from last two years and in the meantime, the charge -sheet has been filed. There is unlikelihood that the trial will be concluded in near future. Thus, considering the nature of allegations against the applicant and the evidence collected by the Investigating Officer, I am of the opinion that the applicant is entitled to grant bail. Hence, 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.143 of 2022 registered with Mumbai Naka Police Station, Dist. Nashik, for the offences punishable under Sections 302 and 504 read with Section 34 of the Indian Penal Code, 1860, 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 Mumbai Naka Police Station, Nashik City till the conclusion of the trial except on the date of trial; 2/3

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 and 16th 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