Sopan Uttam Bidgar v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1932 OF 2024 Sopan Uttam Bidgar ...
Applicant V/s.
The State of Maharashtra ...
Respondent ------------------- Mr. Aniket Nikam with Pratik Jadhav, Sumit Patil, Shreya Anuwal and Dushyant Digambar I.by Mr. Amit Icham, for the applicant. Mr. Sameer Mangaonkar, APP, for the Respondent/State. ---------------------
CORAM
:
ANIL S. KILOR, J.
Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2024.08.20 18:15:13 +0530 VARSHA DEEPAK GAIKWAD DATE :
20TH 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.73 of 2022, registered with Chandwad Police Station, Dist: Nashik, for the offences punishable under Sections 302 r/w 34 of the Indian Penal Code. 3.
The deceased in the present matter is an unknown person. Having carefully considered the charge-sheet and the relevant material collected by the IO during the investigation, it appears that the deceased was repeatedly trying to enter into the house of the applicant. Thereupon, the applicant and the co-accused assaulted him.
The incidence of assault took place at 10.30 in the morning and the deceased was found dead in the afternoon at 2.00p.m. The deceased was also seen a day before the incident in the same locality. 4.
In the above referred backdrop, prima facie it appears that there was no intention of the applicant to kill the deceased as there was no motive.
5.
In the circumstances, considering the fact that the applicant is in jail from last about 2 and 1⁄2 years and the charge-sheet has been filed, moreover, the co-accused Sandip Bidgar has already been released on bail, I am of the opinion that the applicant is entitled for grant of bail. Accordingly, 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.73 of 2022, registered with Chandwad Police Station, Dist: Nashik, for the offences punishable under Sections 302 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 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;
iv) Liberty is granted to the State to apply 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)