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Bombay High CourtBA/2819/2024allowed

Umaji Gulab More v. State Of Maharashtra

2024-10-17Hon'Ble Shri Justice Anil S. Kilor3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2819 OF 2024 Umaji Gulab More ...

Applicant.

V/s.

The State of Maharashtra ...

Respondent.

------------------- Mr Nikhil G. Hire a/w Soham Powar, Advocate for Applicant Ms Priyanka S. Rane, APP for the State.

PSI Ankush Bhausaheb Nawale, PS Vadner, Khakurdi, Nasik Rural. ---------------------

CORAM

:

ANIL S. KILOR, J.

by RAJIV BABARAOJI RAUT Date: 2024.10.17 17:18:53 +0530 RAJIV BABARAOJI RAUT DATED :

OCTOBER 17, 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.224 of 2023, registered with Vadner Khakurdi Police Station, District: Nashik Rural for the offences punishable under Sections 363, 364, 302, 201, 120B read with Section 34 of the Indian Penal Code and Section 3 of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.

3. This Court vide order dated 09/08/2024 passed in Criminal Bail Application No. 2630 of 2024 granted bail to co-accused Romaji @ Roma Bapu More. The learned counsel for the applicant states that the role of the applicant is similar to the role of the co-accused Romaji who has been granted bail. He, accordingly, prays for grant of bail on the principle of parity.

4. The learned APP is not disputing that the role of the applicant is similar to the role of the co-accused-Romaji.

5. In the circumstances, I am of the opinion that since principle of parity will apply, the applicant is entitled for grant of bail.

6. Accordingly, I pass the following order:

i) The Criminal Application is allowed.

ii) It is directed that the applicant shall be released on bail in connection with Crime No.224 of 2023, registered with Vadner Khakurdi Police Station, District: Nashik Rural for the offences punishable under Sections 363, 364, 302, 201, 120B read with Section 34 of the Indian Penal Code and Section 3 of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013, on furnishing P.R.Bond in the sum of Rupees Twenty Five Thousand with one solvent surety in the like amount;

iii) The applicant shall not enter the territorial jurisdiction of Vadner Khakurdi Police Station, District : Nashik till conclusion of the trial, except for attending the trial. iv) The applicant shall provide his address and name of the nearby Police Station to the I.O., which he shall attend on first and sixteenth day of every month between 10:00 a.m. and 11:00 a.m., till conclusion of the trial, except on the date of the 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 if the applicant commits similar offence or breaches any condition for grant of bail.

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

The Criminal Bail Application is disposed of accordingly. (ANIL S. KILOR, J)