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Bombay High CourtBA/4347/2024allowed

Kamal Rohit Dhruv v. The State Of Maharashtra

2025-03-25Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4347 OF 2024 Kamal Rohit Dhruv ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Mr. Abhishek D. Nagode a/w Mr. Shivdarshan Khedkar, Adv. S. R. Sawant, Adv. Memane Chaitrali, Adev. Shinde Nikita and Adv. N. S. Divte, Advocate for the Applicant. Mr. Swapnil Walve, A.P.P. for the Respondent - State. ....

CORAM

:

N. R. BORKAR, J.

DATE :

25th MARCH, 2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No.24 of 2024 registered at Kondhwa Police Station, District : Pune City, for the offences punishable under Section 302 of the Indian Penal Code.

3.

The deceased and the applicant were working as labourers at the construction site at Yewalewadi, Pune and were staying together. It is alleged that on the date of incident,

which took place on 09.01.2024, the present applicant assaulted the deceased by stone and committed his murder as he was annoyed with the deceased due to the dispute which took place between them on earlier day of the incident. 4.

I have heard the learned counsel for the applicant and learned A.P.P. for the Respondent-State.

5.

The learned counsel for the applicant submits that the case is based on circumstantial evidence. It is submitted that the applicant is in jail for one year and two months and trial has not commenced.

6.

On the other hand, the learned A.P.P. for the Respondent-State submits that there are enough incriminating circumstances to connect the applicant with the alleged crime. It is submitted that considering the nature of crime, the applicant may not be released on bail.

7.

Admittedly, the case is based on circumstantial evidence. The applicant is in jail for one year and two months and the trial has not commenced. In that view of the matter, 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.24 of 2024 registered at Kondhwa Police Station, District : Pune City, for the offences punishable under Section 302 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 once in a month i.e. on first 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.)