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Bombay High CourtBA/4191/2024allowed

Aniket Vijay Shinde v. The State Of Maharashtra

2025-02-18Hon'Ble Shri Justice N. R. Borkar2 pages

4-ba-4191-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4191 OF 2024 Aniket V. Shinde ...Applicant V/s.

The State of Maharashtra

...Respondent.

..............

Mr. Rajendra V. Patil for the Applicant.

Mr. Swapnil Walve, APP for the Respondent/State. ..............

CORAM

:

N.R. BORKAR, J.

DATE :

18.02.2025.

P.C. :

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No. 269 of 2021 registered at Shahapur Police Station, Dist. Kolhapur for the offences punishable under Section 302 read with 34 of the Indian Penal Code.

3.

The present applicant is the accused No.2 in the aforesaid crime. There was some financial dispute between the accused No.1 and the deceased. It is alleged that on account of said dispute, on the date of incident which took place on 23.10.2021, the present applicant and other co-accused assaulted the deceased by axe and committed his murder.

4.

I have heard the learned counsel for the applicant and the learned APP for the respondent - State.

Dinesh S. Sherla 1/2

4-ba-4191-24.doc 5.

The case is based on circumstantial evidence. The motive for alleged crime is not attributed to the present applicant. The applicant is in jail for 3 years and 4 months and the trial is still at the stage of framing of charge. There are no other criminal antecedents against the applicant. Considering the overall facts and circumstances, I am inclined to release the applicant on bail. In the result, the following order is passed.

O R D E R

A] The Application is allowed.

B] The applicant be released on bail in C.R. No. 269 of 2021 registered at Shahapur Police Station, Dist. Kolhapur for the offences punishable under Section 302 read with 34 of the Indian Penal Code on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C] The applicant shall attend the concerned police station once in a month ,i.e., on first Saturday between 11.00 a.m. to 2.00 p.m. till conclusion of the trial.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2