Rupesh @ Mota Jaybahadur Singh @ Nepali v. State Of Maharashtra
Sayali Upasani
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3344 OF 2024 Rupesh @ Mota Jaybahadur Singh @ Nepali ...Applicant Vs.
The State of Maharashtra
...Respondent
Mr. Veerdhawal Deshmukh, Advocate for Applicant. Mr. S. S. Chaudhari, APP for State-Respondent. CORAM:- ANIL S. KILOR, J.
DATED:- 25th 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.162 of 2022, registered with Pelhar Police Station, District: Palghar for the offences punishable under Sections 397, 365, 342, 120B of the Indian Penal Code, Sections 3(1)(ii), 3(2), 3(4), 3(5) of the Maharashtra Control of Organised Crime Act, 1999.
3) This Court granted bail to co-accused Raju@ Kausin Farooq Khan vide order dated 03/07/2024 in Criminal Bail Application No. 2377 of 2023. The role of the applicant is similar to the role of co-accused Raju 1/3
@ Kausin Farooq Khan who has been granted bail and this fact is not disputed by the learned APP.
4) In that view of the matter, I am of the opinion that parity will apply in the present case. Accordingly, I pass the following order: 5) Accordingly, 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 connection with Crime No.162 of 2022, registered with Pelhar Police Station, District: Palghar for the offences punishable under Sections 397, 365, 342, 120B of the Indian Penal Code, Sections 3(1)(ii), 3(2), 3(4), 3(5) of the Maharashtra Control of Organised Crime Act, 1999, on furnishing P.R.Bond in the sum of Rupees Twenty Five Thousand with one solvent surety in the like amount;
iii The applicant is permitted to deposit cash security in the sum of Rupees Twenty Five Thousand in lieu of surety for a period of one month from today. No further time will be granted to furnish the surety.
iv.
The applicant shall attend the concerned Police Station on first and sixteenth day of each month between 10:00 am and 11:00 am, till conclusion of the trial, except on the date of the trial;
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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.
Application stands disposed of, accordingly.
[ANIL S. KILOR, J.] 3/3