Aditya Balu Kamble v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 4719 OF 2024 Aditya B. Kamble ...Applicant V/s.
The State of Maharashtra and Anr.
...Respondents.
..............
Mr. Vivek N. Arote a/w. Mr. Akshay Dingale for the Applicant. Mrs. Veera Shinde, APP for the Respondent/State. ..............
CORAM
:
N.R. BORKAR, J.
DATE :
13.03.2025.
P.C. :
1.
This is an application for regular bail.
2.
The applicant came to be arrested in Crime No.561 of 2023 registered at Sangavi Police Station, Pimpri-Chinchwad for the offences punishable under Sections 307, 143, 147, 148, 149, 506(2) of the Indian Penal Code, Section 4 read with 25 of the Arms Act, Section 37 (1)(c) read with 135 of the Maharashtra Police Act and Sections 3(1)(ii), 3(4) of the Maharashtra Control of Organized Crime Act.
3.
According to the prosecution, the present applicant is the member of organized crime syndicate formed by co-accused Askhay Jadhav. It is alleged that on the date of incident, which took place on 22.10.2023, the present applicant and other coaccused assaulted the complainant injured by koyta and 1/3
attempted to commit his murder on the suspicion that the present applicant had clicked their photograph in his mobile phone when they were creating ruckus.
4.
I have heard the learned counsel for the applicant and the learned APP for the respondent - State.
5.
Learned counsel for the applicant submits that the applicant has nothing to do with the alleged organized crime syndicate formed by co-accused Akshay Jadhav. It is submitted that the alleged act of assault is attributed to the co-accused Akshay Jadhav. It is submitted that the applicant is in jail for one year and there are no other criminal antecedents.
6.
On the other hand, learned APP submits that at the time of alleged incident, the applicant was with the co-accused Akshay Jadhav. It is submitted that considering the nature of offence, the applicant may not be released on bail.
7.
It appears from the statement of the injured that at the time of alleged incident, the applicant was not armed with any weapon. The applicant is in jail for one year. There are no other criminal antecedents. Considering the overall facts and circumstances of the case, I am inclined to release the applicant on bail. In the result, the following order is passed.
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O R D E R
A] The Application is allowed.
B] The applicant be released on bail in Crime No. 561 of 2023 registered at Sangavi Police Station, Pimpri-Chinchwad for the offences punishable under Sections 307, 143, 147, 148, 149, 506(2) of the Indian Penal Code, Section 4 read with 25 of the Arms Act, Section 37 (1)(c) read with 135 of the Maharashtra Police Act and Sections 3(1)(ii), 3(4) of the Maharashtra Control of Organized Crime Act 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 not enter into the limits of District Pune except to attend the dates before the trial Court till conclusion of the trial.
[N.R.BORKAR, J.] 3/3