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Bombay High CourtBA/1629/2024allowed

Banda @ Aniket Sampat Shinde v. The State Of Maharashtra

2024-08-05Hon'Ble Shri Justice Anil S. Kilor3 pages

Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1629 OF 2024 Bandya @ Aniket Sampat Shinde ...Applicant Vs.

The State of Maharashtra

...Respondent

Mr. Tapan Thatte with Vivek Arote with Akshay Chitre, Advocate for Applicant.

Mr. P. P. Deokar, APP for State-Respondent.

CORAM:- ANIL S. KILOR, J.

DATED:- 5th 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. 210 of 2021 registered with Jejuri Police Station, Dist.Pune, for the offences punishable under Sections 307, 452, 324, 326, 143, 147, 148, 149, 323, 504, 506 and 336 of the Indian Penal Code, 1860, Sections, 3, 25,27 4(25) and 5(25) of Arms Act, 1959, Section 135 of Maharashtra Police Act, 1951 and Sections, 3(1)(ii) and 3(4) of Maharashtra Control of Organized Crimes Act, 1999.

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3) The learned Counsel for the applicant is seeking bail on the ground of parity. It is submitted that co-accused Akash Kale, has been granted bail by this Court vide order dated 6th September, 2023 in Bail Application NO. 821 of 2023. The role of the applicant is identical with the co-accused - Akash. He therefore prays for grant of bail on the ground of principle of parity.

4) The learned APP fairly states that the role of the applicant is similar with role of the Akash, who has been granted bail by this Court. 5) Considering the fact that the role of the applicant and the coaccused - Akash is similar and since he has been granted bail by this Court, the applicant is entitled for bail on the principle of parity. In that view of the matter, the application is allowed. Hence, I pass the following order.

ORDER

i.

The Bail Application is allowed;

ii.

The applicant in connection with C.R. No.210 of 2021 registered with Jejuri Police Station, Pune shall be released on bail on his furnishing P.R. Bond of Rs.50,000/- with one or more sureties in the like amount;

iii. The applicant shall attend the Investigating Officer of Jejuri Police Station, Pune once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m.; iv.

The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with 2/3

the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer. The applicant shall not tamper with evidence;

v.

On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change;

vi.

The applicant shall not leave the jurisdiction of Pune district without permission of the trial Court.; Application stands disposed of, accordingly.

[ANIL S. KILOR, J.] 3/3