Nayana Nitin Chavan v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3229 OF 2024 Nayana Nitin Chavan ...

Applicant V/s.

State Of Maharashtra ...

Respondent ------------------- Mr. Prashant Hagare with Krishna Tarde, for the applicant. Mr. P.H. Gaikwad, APP, for the Respondent / State. Mr. Aabaji Jagdale, PC Baramati, Present.

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CORAM

:

ANIL S. KILOR, J.

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2024.10.16 10:29:38 +0530 VARSHA DEEPAK GAIKWAD DATE :

15TH OCTOBER, 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.448 of 2024, registered with Baramati Police Station, District : Pune for the offences punishable under Sections 307, 324, 504, 506 r/w 34 of the Indian Penal Code and Sections 4/25 of the Arms Act. 3.

There are cross complaints and in an anger that the informant and her parents damaged the house of the present applicant, quarrel took place and the applicant allegedly gave a blow by a wooden stump on the head of mother of the informant. As far as the

stab injuries are concerned, which was caused to the informant and the father of the informant, those were caused because of the accused no. 1, husband of the applicant.

4.

In the above referred backdrop, while opposing the application, the learned APP submits that the applicant was holding a knife and therefore, the intention can be gathered from the said fact. Accordingly, he prays for rejection of the present application. 5.

However, considering the above referred observations, that there are counter complaint and there is a history behind the quarrel between both the parties and furthermore, considering the fact that the injury caused to the mother of the informant of which the applicant is the author, is a simple injury, I am of the view that further custody of the applicant is not required.

6.

In the circumstances, I pass the following order:

ORDER

i) Criminal application is allowed;

ii) It is directed that both the applicants be released on bail in Crime No.448 of 2024, registered with Baramati Police Station, District : Pune for the offences punishable under Sections 307, 324, 504, 506 r/w 34 of the Indian Penal Code and Sections 4/25 of the Arms Act, on furnishing P.R.Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount;

iii) 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 if the applicant commenced similar offence;

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

7.

The application is disposed of.

(ANIL S. KILOR, J)