Nilesh Baban Palaskar v. State Of Maharashtra

Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2550 OF 2024 Nilesh Baban Palaskar ...Applicant Vs.

The State of Maharashtra

...Respondent

Mr. Amit Icham, Advocate for Applicant.

Ms. Priyanka Rane, APP for State-Respondent.

Mr. E. B. Patil, PSI, Present.

CORAM:- ANIL S. KILOR, J.

DATED:- 3rd 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.785 of 2023 registered with Shirur Police Station, Pune, for the offences punishable under Sections 307, 326, 341, 364(A), 384, 385, 386, 387, 120-B, 504 and 506 read with Section 34 of Indian Penal Code, 1860 and section 3/25 of Arms Act, 1959.

3) The allegations against the applicant is that he was part of the conspiracy and his car was used in the commission of the alleged offence.

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4) There are no antecedents against the applicant. Further there is no evidence available that he was present at the spot and he participated actively in the alleged offence. The applicant was arrested on 17th October, 2023, and in the meantime the charge-sheet has been filed on completion of the investigation.

5) In the circumstances, though the learned APP is strongly opposing the application, I am of the opinion that further custody of the applicant is not necessary. Furthermore, there are no antecedents against the applicant of similar nature. Accordingly, I pass following order.

ORDER

i.

The Bail Application is allowed;

ii.

It is directed that the Applicant shall be released on bail in Crime No.785 of 2023 registered with Shirur Police Station, Pune, for the offences punishable under Sections 307, 326, 341, 364(A), 384, 385, 386, 387, 120-B, 504 and 506 read with Section 34 of Indian Penal Code, 1860 and section 3/25 of Arms Act, 1959, on furnishing P.R. Bond of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety in the like amount;

iii The applicant shall attend the said Police Station on 1st day of every month between 10.00 am and 11.00 am 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; 2/3

v. Liberty is granted to the State to apply 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.

vii. Application stands disposed of, accordingly. [ANIL S. KILOR, J.] 3/3