Abhishekh Anil Giri v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2320 OF 2024 Abhishekh Anil Giri ...
Applicant V/s.
The State of Maharashtra ...
Respondent ------------------- Mr. Aniket Vagal with Ms. Savvy Kolhekar and Kunal N. Pednekar, for the applicant.
Ms. Geeta Mulekar, APP, for the Respondent / State. ---------------------
CORAM
:
ANIL S. KILOR, J.
Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2024.08.13 18:09:44 +0530 VARSHA DEEPAK GAIKWAD DATE :
13TH 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.164 of 2023, registered with Mhasrule Police Station, Nashik, for the offences punishable under Sections 307, 323, 504, and 506 r/w 34 of the Indian Penal Code, section 7 of the Criminal Law Amendment Act, section 4/25 of the Arms Act and Sections 135 of the Maharashtra Police Act.
3.
Having gone through the charge-sheet and the material collected by the IO during the investigation, it is evident from the statement of
the injured that the only role attributed to the applicant is that he assaulted the injured by fist and blows. As far as the role attributed to the main accused no. 1 is concerned, he inflicted blow on the person of the informant by weapon. The injury certificate shows that there are two grievous injuries which caused by a sharp weapon. There are no allegations against the applicant that he used any sharp weapon or the applicant is the author of the grievous injuries caused to the informant. 4.
The applicant is in jail from last one year and during this period the charge-sheet has been filed.
5.
On the other hand, the learned APP strongly opposed the application and points out that the antecedents against the applicant. After going through the antecedents, it is evident that those are of 2019-2020. Two offences are of 2019, one is of 2020 and another offence is of 2023, which is under Arms Act. Though the antecedents are there, considering the nature of allegations against the applicant, it is doubtful whether section 307 will attract against the applicant. 6.
The learned counsel for the applicant submits that he is ready to abide by any of the conditions including a condition not to enter into the territorial jurisdiction of Nashik District. 7.
Thus, in the above referred circumstances, 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.164 of 2023, registered with Mhasrule Police Station, Nashik, for the offences punishable under Sections 307, 323, 504, and 506 r/w 34 of the Indian Penal Code, section 7 of the Criminal Law Amendment Act, section 4/25 of the Arms Act and Sections 135 of the Maharashtra Police Act, on furnishing P.R.Bond of Rupees Fifty Thousand with one solvent surety in the like amount;
iii) The applicant shall not enter into the territorial jurisdiction of the Mhasrule Police Station, Nashik till the conclusion of the trial;
iv) 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 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 if the
applicant commenced 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.
(ANIL S. KILOR, J)