Rakesh Ashok Uphale v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2993 OF 2024 Rakesh Ashok Uphale ...

Applicant V/s.

The State of Maharashtra ...

Respondent ------------------- Mr. Satyavrat Joshi I.by Ms. Reena Prajapati, for the applicant. Ms. Veera Shinde, APP, for the Respondent / State.

CORAM

:

ANIL S. KILOR, J.

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2024.11.18 16:34:18 +0530 VARSHA DEEPAK GAIKWAD DATE :

18TH NOVEMBER, 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.340 of 2021, registered with Khadak Police Station, Pune, for the offences punishable under Sections 420, 465, 467, 468, 471, 34 and 120-B of the Indian Penal Code.

3.

The allegation against the applicant is that along with the co-accused he forged and fabricated the order of Hon'ble Minister and thereby tried to mute the names of co-accused Popat Pandurang Shitkal and other co-accused namely Ankush Pandurang Shitkal, Baba @ Rakesh Pandurang Shitkal, Kamal Mahadev Makar, Sindhutai

Pandurang Shitkal, Prakash Dagadu Chavan, Ramdas Dagadu Chavan, Tai Nandlal Shitkal and Rahul Baban Patil.

4.

However, on noticing the order is fabricated one, the Tahsildar lodged a complaint. Thereupon, the present offence is registered. There are 12 total accused, out of which 4 accused are absconding and out of remaining 8 accused, 7 have been released on bail.

5.

The applicant was arrested on 12.08.2022 and as such he is in jail from last more than 2 years. As far as the trial is concerned, till date the charge is not framed. Thus, considering the fact that there are total 46 witnesses and the pace with which the trial is proceeding, there is unlikelihood that the trial will be concluded in near future. 6.

The relevant records and documents were seized and are in custody of the IO. Furthermore, there are no antecedents against the applicant.

7.

In the circumstances, though the learned APP is strongly opposing the application, considering the fact that 7 accused have been released on bail and further there is unlikelihood that the trial will be concluded in near future, I am of the opinion that further custody of the applicant is not necessary.

8.

In the circumstance, 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.340 of 2021, registered with Khadak Police Station, Pune, for the offences punishable under Sections 420, 465, 467, 468, 471, 34 and 120-B of the Indian Penal Code, on furnishing P.R.Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount;

iii) The applicant shall attend the concerned Police Station on 1st 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;

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 for cancellation of bail in case of any breach of condition or misuse of liberty by the applicant.

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

9.

The application is disposed of .

(ANIL S. KILOR, J)