Yogesh Namdeo More v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 4177 OF 2024 Yogesh Namdeo More ...Applicant

VERSUS

The State of Maharashtra ...Respondent ....

Mr. Akshay Bankapur, Advocate for the Applicant. Ms. R. D. Humane, A.P.P. for the Respondent - State. ....

CORAM

:

N. R. BORKAR, J.

DATE :

2nd JANUARY, 2025.

P.C.

:

1.

This is an application for bail.

2.

The applicant came to be arrested in Crime No. 278 of 2022 registered at Nashik Road Police Station, Nashik for the offences punishable under Sections 302, 364, 201 read with Section 34 of the Indian Penal Code.

3.

The applicant is accused No.3 in the aforesaid crime. According to the prosecution, there was a business rivalry between the deceased and the Accused Nos.1 and 2. It is alleged that on account of the said business rivalry on 10.09.2022 the Accused Nos.1 and 2 abducted the deceased and committed his murder. According to the prosecution, the present applicant had helped the

accused Nos.1 and 2 to commit the alleged crime. 4.

Learned counsel for the applicant submits that the case is based on the circumstantial evidence. It is submitted that applicant is in jail for more than two years and the trial is not likely to be concluded in near future.

5.

On the other hand, the learned APP for the RespondentState submits that the deceased was last seen alive in the company of the present applicant and other co-accused. It is submitted that considering the nature of offence, the applicant may not be released on bail.

6.

Admittedly, the motive for the alleged crime is not attributed to the present applicant. The applicant is in jail for more than two years. There are no other criminal antecedents against him. Considering the overall facts and circumstances of the case, I am inclined to release the applicant on bail.

ORDER

(i) Criminal Bail Application is allowed;

(ii) The applicant is directed to be released on bail in connection with Crime No. 278 of 2022 registered at Nashik Road Police Station, Nashik for the offences punishable under Sections 302, 364, 201 read with Section 34 of the Indian Penal Code on executing P.R. Bond in the sum of Rs.25,000/-

with one or two sureties in the like amount;

(iii) The applicant shall attend the concerned Police Station twice in a month i.e. on first and third Saturday between 11:00 a.m. to 1:00 p.m. till conclusion of trial; (iv) Application stands disposed of accordingly.

(N. R. BORKAR, J.)