Ashok Kadu Navale v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2189 OF 2024 Ashok Kadu Navale ...

Applicant V/s.

The State of Maharashtra ...

Respondent ------------------- Mr. Aniket Nikam I.by Mr. Akshay Bankapur, for the applicant. Mr. Pankaj Deokar, APP, for the Respondent / State. Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2024.10.01 15:15:06 +0530

CORAM

:

ANIL S. KILOR, J.

VARSHA DEEPAK GAIKWAD DATE :

27th SEPTEMBER, 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.467 of 2023, registered with Vani Police Station, Nashik Gramin for the offences punishable under Sections 364, 302, 120(B), 201 r/w 34 of the Indian Penal Code, Section 4/25 of the Arms Act and Section 37(1) (3)r/w 135 of the Maharashtra Police Act.

3.

After going through the charge-sheet and the relevant material collected by the IO during the investigation, it is evident that there are no antecedents against the applicant or there is noting to show that any motive was there qua the applicant, to eliminate the

deceased. Furthermore, there is no recovery from the applicant. 4.

In the above referred backdrop, considering the fact that the applicant is in jail from last 9 months and in the meantime the charge-sheet has been filed, I am of the opinion that further custody of the applicant is not required.

5.

Moreover, the statement on which the learned APP has strongly relied upon to oppose the present application, it was recorded on 15.12.2023, i.e. much after the incident. Furthermore, there is no explanation that why he did not inform the incident to the police for five days though he was a friend of the deceased. 6.

Furthermore, it appears that the incident took place in the night and there is no mention that there was any light on the spot of incident, which helped the witness to see the incident. 5.

In the above referred circumstances, I am of the opinion that further custody of the applicant is not necessary, I pass the following order:

ORDER

i) Criminal application is allowed;

ii) It is directed that the applicant shall be released on bail in Crime No.467 of 2023, registered with Vani Police Station, Nashik Gramin for the offences punishable under Sections 364, 302, 120(B), 201 r/w 34 of the Indian Penal Code, Section 4/25 of the Arms Act and Section 37(1) (3) r/w 135 of the Maharashtra Police Act, on furnishing

P.R.Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount;

iii) The applicant shall attend the said Police Station on 1st and 16th day of every month between 10.00a.m. to 11.00 a.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 for cancellation of bail in case of any breach of condition or if the applicant commits similar offence;

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

6.

The application is disposed of .

(ANIL S. KILOR, J)