Bharat Suryawanshi @ Nayra Petrol Pumpwala Bhurya v. The State Of Maharashtra
Sayali Upasani
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2766 OF 2024 Bharat Suryawanshi @ Nayra Petrol Pumpwala Bhurya ...Applicant Vs.
The State of Maharashtra
...Respondent
Ms. Anjali Kumar Singh with Mr. S. Chaudhari, Snehal Chaudhari i/b Maharashtra Law Accosiates, Advocate for Applicant. Mr. S. S. Ghag, APP for State-Respondent.
CORAM:- ANIL S. KILOR, J.
DATED:- 30th 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. 42 of 2024 registered with Chhavani Police Station, Malegaon, for the offences punishable under Sections 307, 504 and 506 read with Section 34 of Indian Penal Code, 1860.
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3) Having gone through the charge-sheet and the relevant material collected by the Investigating Officer, it is evident that the grievous injuries were sustained to the informant because of the accident caused to his vehicle. After the said incident allegedly the applicant and the coaccused assaulted him by the wooden stump on his legs, hands and back.
4) Thus considering the nature of the allegations against the applicant and the evidence collected during the investigation, I am of the opinion that since the charge-sheet has been filed, further custody of the applicant is not necessary.
5) In the circumstances, though the learned APP is strongly opposing the present application, the application is allowed. Hence, I pass the following order.
ORDER
i.
The Bail Application is allowed;
ii.
It is directed that the Applicant shall be released on bail in Crime No. 42 of 2024 registered with Chhavani Police Station, Malegaon, for the offences punishable under Sections 307, 504 and 506 read with Section 34 of Indian Penal Code, 1860, on furnishing P.R. Bond of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety in the like amount; 2/3
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; 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