Dnyaneshwar Waliba Binnar v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3362 OF 2024 Dnyaneshwar Waliba Binnar ...
Applicant V/s.
State Of Maharashtra and Anr. ...
Respondents WITH INTERIM APPLICATION (ST) NO. 19270 OF 2024 IN CRIMINAL BAIL APPLICATION NO.3362 OF 2024 VARSHA DEEPAK GAIKWAD Gokul Bajirao Sadgir ...
Applicant VARSHA DEEPAK GAIKWAD Date: 2024.10.11 14:36:26 +0530 V/s.
State Of Maharashtra ...
Respondent ------------------- Mr. Aniket Vagal with Sanket Bhavad, Kunal Pednekar and Savvy Kolhekar, for the applicant.
Mr. Akshay Bankapur, for the applicant in IA. Ms. Poonam Bhosale, APP, for the Respondent / State. ---------------------
CORAM
:
ANIL S. KILOR, J.
DATE :
10TH 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.03 of 2024, registered with Wadi-Varrhe Police Station, Nashik Gramin, for
the offences punishable under Sections 307, 141, 143, 147, 324, 323, 504 and 506 r/w 34 of the Indian Penal Code.
3.
Having gone through the charge-sheet and the relevant material on record, it is evident that the allegation against the applicant is that he was driving the vehicle and twice he gave dash to victim wherein he got injured. Two injuries found on the person of victim are grievous injuries.
4.
The investigation is completed and the charge-sheet is filed. Moreover, all other accused persons have been released on bail. 5.
The learned APP and the the learned counsel for the victim strongly opposed the application and pray that this Court may not consider the case of the applicant for grant of bail. 6.
As I have observed that all the other accused persons have been released on bail and the charge-sheet is filed, I am of the opinion that further custody of the applicant is not necessary. However, to avoid any possibility of pressurizing the witnesses or tamper with the prosecution evidence by the applicant, the stringent conditions are required to be imposed. Accordingly, I pass the following order:
ORDER
i) Criminal application is allowed;
ii) It is directed that the applicant shall be released on bail in in Crime No.03 of 2024, registered with Wadi-Varrhe Police Station, Nashik Gramin, for the offences punishable
under Sections 307, 141, 143, 147, 324, 323, 504 and 506 r/w 34 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 not enter into the territorial jurisdiction of police station Wadi-Varrhe, till the conclusion of the trial;
iv) The applicant shall provide his address and name of the nearby police station to the IO, which he shall attend the said Police Station on 1st and 16th 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;
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 breaches any condition or commits any offence;
vii) The applicant shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial Court.
6.
The application is disposed of .
(ANIL S. KILOR, J)