Akhilesh Sunil Singh @ Akki v. The State Of Maharashtra
Sayali Upasani
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3951 OF 2024 Akhilesh Sunil Singh @ Akki ...Applicant Vs.
The State of Maharashtra
...Respondent
Mr. A. K. Singh with Piyush Singh, Srishnakant Singh, Advocate for Applicant.
Mrs. Veera Shinde, APP for State-Respondent.
Mr. Arjun Pawar, API, Present.
CORAM:- ANIL S. KILOR, J.
DATED:- 16th 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. 37 of 2024 registered with Pelhar Police Station, for the offences punishable under Sections 302, 364, 141, 143, 144, 147, 148, 149 and 120-B of the Indian Penal Code, 1860.
3) After going through the charge-sheet and the relevant material collected by the Investigating Officer during the investigation, it is evident that none of the witnesses have seen the applicant assaulting the deceased. The only allegation against the applicant is that he was 1/3
driving an auto wherein the deceased was taken away from the spot of the incident.
4) In the above-referred backdrop, if the antecedents are considered, there are no antecedents against the applicant. Furthermore, no identification parade was conducted.
5) In the circumstances, considering the period of incarceration of the applicant and the fact that charge-sheet has been filed, I am of the opinion that though the learned APP is strongly opposing the application, the present application needs to be allowed. 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 Crime No. 37 of 2024 registered with Pelhar Police Station, for the offences punishable under Sections 302, 364, 141, 143, 144, 147, 148, 149 and 120-B of the Indian Penal Code, 1860, on furnishing P.R. Bond of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety in the like amount; iii The applicant shall attend the said Police Station on 1st day of every month between 10.00 am to 11.00 am till the conclusion of the trial except on the date of trial; iv.
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; 2/3
v. Liberty is granted to the State to apply cancellation of bail if the applicant commits similar offence.;
vi.
The Applicant shall attend the trial before the Trial Court regularly on every date unless exempted by the Trial Court for any reason.
vii. Application stands disposed of, accordingly. [ANIL S. KILOR, J.] 3/3