Babalu Kumar Sinha @ Marathe v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2127 OF 2024 Babalu Kumar Sinha @ Marathe ...

Applicant V/s.

State of Maharashtra ...

Respondent ------------------- Mr. Shubham Kadam I.by Pandhri Kale, for the applicant. Mr. Pankaj Deokar, APP, for the Respondent / State. --------------------- VARSHA DEEPAK GAIKWAD

CORAM

:

ANIL S. KILOR, J.

VARSHA DEEPAK GAIKWAD Date: 2024.08.29 10:24:25 +0530 DATE :

28TH 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.11 of 2023, registered with Palghar Police Station, for the offences punishable under Sections 420, 467, 468, 471, 120(B) r/w. 34 of the Indian Penal Code.

3.

The learned counsel for the applicant is seeking bail on the ground of parity. The accused no. 3 has been released on bail. It is submitted that the role of the accused no. 3 and the applicant is similar. The learned APP is not disputing the same. Moreover, considering the period of incarceration of the applicant and the fact

that the charge-sheet has been filed and at the time of investigation all the relevant material has been collected by the IO, I am of the opinion that further custody of the applicant is not necessary. 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.11 of 2023, registered with Palghar Police Station, for the offences punishable under Sections 420, 467, 468, 471, 120(B) 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 provide his address and name of the nearby police station to the IO, which he shall attend the said Police Station on 1st day of every month between 10.00am to 11.00 a.m., till the conclusion of the trial except on the date of trial;

iv) 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;

v) Liberty is granted to the State for cancellation of bail if the applicant commits similar offence;

vi) 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)