Kishor Devidas Suryavanshi v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.4219 OF 2024 Kishor Devidas Suryavanshi ...

Applicant V/s.

The State of Maharashtra ...

Respondent ------------------- Mr. Akshay Bankapur, for the applicant.

Ms. Savita Yadav, APP, for the Respondent / State. --------------------

CORAM

:

ANIL S. KILOR, J.

Digitally signed by VARSHA DEEPAK GAIKWAD Date:

2024.12.19 18:31:12 +0530 VARSHA DEEPAK GAIKWAD DATE :

19TH DECEMBER, 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.137 of 2024, registered with Chhavani Police Station, Nashik, for the offences punishable under Sections 307, 143, 148 and 149 of the Indian Penal Code, Sections 3 r/w. 25(1)(b) and 7 r/w Section 25(1) (A) and 7 with Section 27(2) r/w 37(1) and 135 of the Arms Act. 3.

Having gone through the charge-sheet and the relevant material collected by the IO during the investigation, it is evident that the allegations made in the FIR are against one Ajay Patil who is accused no. 2 is the basis to arrest the present applicant, Kishor

Suryawanshi on the ground that Ajay Patil and Kishor Suryawanshi are the same and one. However, repeatedly time was granted to the State to show the material in this regard that Ajay Patil and the applicant are the same, but no material is pointed out to prima facie show it. 4.

In absence of such material, it will be a matter of evidence whether Ajay Patil and Kishor Suryawanshi are the same as the prosecution's case is.

5.

In the above-referred backdrop, since the chare-sheet has been filed, I am of the opinion that the further custody of the applicant is not required. However, considering the antecedents against the present applicant as pointed out by the learned APP while opposing the application, I am of the opinion that some stringent conditions need to be imposed.

6.

Thereupon, the learned counsel for the applicant, on instructions, makes a statement that the applicant is ready to abide by any condition including not to enter into territorial jurisdiction Tal: Malegaon, till the conclusion of the trial.

7.

Accordingly, I pass the following order:

ORDER

i) Criminal application is allowed;

ii) It is directed that the applicant shall be released on bail in Crime No.137 of 2024, registered with Chhavani Police Station, Nashik, for the offences punishable under Sections 307, 143, 148 and 149 of the Indian Penal Code,

Sections 3 r/w. 25(1)(b) and 7 r/w Section 25(1) (A) and 7 with Section 27(2) r/w 37(1) and 135 of the Arms Act , on furnishing P.R.Bond of Rupees Twenty-Five Thousand with one solvent surety in the like amount;

ii) The applicant shall not enter into territorial jurisdiction of Tal: Malegaon, till the conclusion of the trial;

iv) The applicant shall provide his address and name of the nearby police station to the IO, which he shall attend the said Police Station on 1st day of every month between 10.00a.m. to 11.00 a.m., till the conclusion of the trial except on the date of 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 in case of any breach of condition if the applicant commenced similar offence;

vii) The applicant shall attend the trial before the trial Court regularly on every date unless exemption is granted by the trial Court.

The application is disposed of.

(ANIL S. KILOR, J)