Tikesh @ Golu Shivdas Shahu v. The State Of Maharashtra Thr. Pso Ps Bori Nagpur And Another

1 16-471-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO. 471/2025 IN CRIMINAL APPEAL NO. 68/2025 Tikesh @ Golu Shivdayal Shahu Vs. State of Maharashtra, through Police Station Officer, Police Station Butibori, Nagpur and another Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions, and Registrar's orders Court's or Judge's orders Mr. S.D. Chande, Advocate for Applicant Mr. N.S. Kautkar, APP for Respondent No.1 CORAM: ABHAY J. MANTRI, J.

DATED : 3rd JUNE, 2025 1.

The applicant had moved this application for grant of temporary bail of three days i.e. from 03.06.2025 to 05.06.2025 in connection with Crime No. 437/2020, Police Station Bori, District Nagpur for the offences punishable under Sections 302, 307, 326, 324, 143, 147, 148, 149, 504 of the Indian Penal Code, Section 4/25 of the Arms Act, Sections 3(2), 3(5) (4a), 3(1)(5) of The Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 2015 and Section 135 of the Maharashtra Police Act, on the ground that his sister's marriage is to be scheduled on 04.06.2025 at 7:05 PM. It is also contended that he is only a brother, and therefore, the applicant prayed for the grant of temporary or conditional bail, under police escort.

2 16-471-2025.odt 2.

The learned APP, on instructions, submitted that there are no criminal antecedents against the applicant, and he is only the brother of Payal. Therefore, he submitted that conditional bail under police escort can be granted to the applicant for a period of two days.

3. Having considered the submissions of the learned Advocate for the applicant and the learned APP, as well as the perusal of the marriage card of Payal, who is the sister of the applicant, it prima facie appears that her marriage is scheduled to be held on 04.06.2025. Moreover, considering the fact that the applicant has no criminal antecedents. He is in jail solely for this offence. In such circumstances, as the applicant is the real brother of Payal, it would be proper to grant conditional bail to him under the police escort from 04.06.2025 at 11:00 AM to 05.06.2025 at 04:00 PM to attend the marriage of his sister Payal as per the marriage card. Hence, I proceed to pass the following order.

ORDER

I. The application is partly allowed.

II. The applicant is to be released on temporary/conditional bail between 04.06.2025 at 11:00 AM and 05.06.2025 at 04:00 PM under special police escort to attend the marriage of his sister, Payal.

III. The applicant is directed to deposit the Bhatta of the escort with the authority as per the rules.

3 16-471-2025.odt IV. The applicant shall report to the jail authority by 5:00 p.m. on 05.06.2025.

The application is disposed of.

I.

(ABHAY J. MANTRI, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 03/06/2025 17:37:38