Namdeo Ramdas Waykande v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3762 OF 2024 Namdeo Ramdas Waykande ...
Applicant V/s.
The State Of Maharashtra ...
Respondent ------------------- Mr.Chetan Damre, for the applicant.
Ms. Poonam Bhosale, APP, for the Respondent / State. --------------------- Digitally signed by VARSHA DEEPAK GAIKWAD Date:
2024.10.19 12:36:46 +0530
CORAM
:
ANIL S. KILOR, J.
VARSHA DEEPAK GAIKWAD DATE :
18TH 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.383 of 2023, registered with Vani Police Station, District : Nashik Gramin for the offences punishable under Sections 302 and 201 r/w. 34 of the Indian Penal Code and Section 4/25 of the Indian Arms Act. 3.
Having gone through the charge-sheet and the material collected by the IO during the investigation, it is evident that no overt act or any role is attributed against the applicant in the alleged offence. Whereas, witnesses named the co-accused and also attributed role against him.
4.
As far as the applicant is concerned, the witnesses have seen him standing near his motorcycle. Whereas, the spot of incident was at the distance from the motorcycle where the deceased and the co-accused were together.
4.
Thus, considering the material available on record against the applicant and further the fact that there is no prima facie evidence to show his complicity in the alleged offence, there is a reasonable ground to believe that the applicant is not involved in the alleged offence.
5.
In the circumstances, thought the learned APP is strongly opposing the application, I am of the opinion that this is a fit case for grant of bail.
6.
Accordingly, I pass the following order:
ORDER
i) Criminal application is allowed;
ii) It is directed that the applicant be released on bail in Crime No.383 of 2023, registered with Vani Police Station, District : Nashik Gramin for the offences punishable under Sections 302 and 201 r/w. 34 of the Indian Penal Code and Section 4/25 of the Indian 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;
iv) Liberty is granted to the State to apply for cancellation of bail in case of any breach of condition or if the applicant commits similar offence;
v) 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)