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Bombay High CourtBA/3748/2024allowed

Vayankaesh Suresh Hullur v. The State Of Maharashtra

2024-10-17Hon'Ble Shri Justice Anil S. Kilor4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3748 OF 2024 Vayankalesh Suresh Hullur ...

Applicant.

V/s.

The State of Maharashtra ...

Respondent.

------------------- Mr Priyal G. Sarda a/w Ms Seema Dighe & Rajesh Rangari, Advocates for Applicant Mr Shreeram S. Chaudhari, APP for the State. --------------------- by RAJIV BABARAOJI RAUT Date: 2024.10.17 17:18:52 +0530 RAJIV BABARAOJI RAUT

CORAM

:

ANIL S. KILOR, J.

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.386 of 2023, registered with Fauzdar Chawdi Police Station, District: Solapur City for the offences punishable under Sections 307, 504, 506, 143, 147, 148 and 149 of the Indian Penal Code and Section 135 of the Maharashtra Police Act, 1951.

3. Having gone through the charge-sheet and the relevant material collected by the Investigating Officer during investigation, it is

evident that there are some contradictions in the complaint and the supplementary statement in relation to the role attributed to the applicant. It is submitted that all the other accused persons have been released on bail. The applicant is in jail from last about one year. In the meantime, the charge-sheet has been filed.

4. The learned APP has strongly opposed the application and submitted that since the offence is serious this Court may not grant bail.

5. As I have observed that there are certain contradictions as regards the role of the applicant, I am of the opinion that as the charge-sheet has already been filed further custody of the applicant is not required. However, on expressing the apprehension by the learned APP that if the applicant is released on bail he may pressurize or threaten the prosecution witnesses, the learned counsel for the applicant, on instructions, makes a statement that the applicant is ready to abide by any condition, including the condition not to enter into Solapur City and Solapur Taluka.

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.386 of 2023, registered with Fauzdar Chawdi Police Station, District: Solapur City for the offences punishable under Sections 307, 504, 506, 143, 147, 148 and 149 of the Indian Penal Code and Section 135 of the Maharashtra Police Act, 1951, 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 Solapur City and Solapur Taluka, District : Solapur 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. 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)