Rohit Chandrakant Gadre v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2330 OF 2024 Rohit Chandrakant Gadre ...
Applicant V/s.
State of Maharashtra ...
Respondent ------------------- Mr. Rahul Kadu with K.K. Khamare, for the applicant. Ms. Supriya Kak, APP, for the Respondent/State. ---------------------
CORAM
:
ANIL S. KILOR, J.
Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2024.07.25 13:56:17 +0530 VARSHA DEEPAK GAIKWAD DATE :
24TH JULY, 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.48 of 2022, registered with Khidki Police Station, Pune City for the offences punishable under Sections 307 and 504 r/w. 34 of the Indian Penal Code , 1860(for short, 'IPC'), Section 4 (25) and 27, 35 of the Arms Act, 1959 and Sections 37(1) (3) r/w.135 of the Maharashtra Police Act, 1951.
3.
This application is being opposed on the ground that there are antecedents of similar nature and further there was motive to attack on the informant i.e. similar offence was registered under
Section 307 on a complaint of the present informant. It is further submitted that if the applicant is released on bail, there is every possibility that he may commit the similar offence. 4.
In the above referred backdrop, on considering the allegations in the FIR and having gone through the charge-sheet, it is evident that the applicant is in jail from last 2 and 1⁄2 years. Furthermore, considering the injury certificate and other material available on record, I am of the opinion that further custody of the applicant is not necessary.
5.
As far as apprehension expressed by the learned APP is concerned, the same can be addressed by putting stringent conditions. Accordingly, 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.48 of 2022, registered with Khidki Police Station, Pune City for the offences punishable under Sections 307 and 504 r/w. 34 of the Indian Penal Code , 1860(for short, 'IPC'), Section 4 (25) and 27, 35 of the Arms Act, 1959 and Sections 37(1) (3) r/w.135 of the Maharashtra Police Act, 1951, on furnishing P.R.Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount;
iii) The applicant shall not enter into the territorial jurisdiction of Pune City, till the conclusion of the trial, except on the date of 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 12.00noon to 2.00p.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 for cancellation of bail in case of there is breach any condition or if the applicant commits any serious offence.
vii) The applicant shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial.
The Criminal Application is disposed of accordingly. (ANIL S. KILOR, J)