← Library
Bombay High CourtBA/279/2025disposed off

Ravising Rajkumar Chitodiya v. The State Of Maharashtra

2025-03-07Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 279 OF 2025 Ravising Rajkumar Chitodiya ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Mr. Shailesh Kharat a/w Mr. Onkar Chaudhari, Advocate for the Applicant.

Ms. Veera Shinde, A.P.P. for the Respondent - State. ....

CORAM

:

N. R. BORKAR, J.

DATE :

07th MARCH, 2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No.259 of 2023 registered at Bibvewadi Police Station, District : Pune, for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code (for short 'IPC'). 3.

It is the case of the prosecution that on the date of incident which took place on 09.12.2023 for some unknown reason the applicant and co-accused assaulted the deceased

and committed her murder.

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 has drawn my attention to the order passed by this Court dated 23rd October 2024 in Criminal Bail Application No.3100 of 2024. By the said order, this Court has released the coaccused Vijay Maruti Patil on bail. This Court has observed thus :

"3.

Having gone through the charge sheet and material collected by the Investigating Officer during investigation it is evident that the offence is not premeditated or there was no motive to commit the offence. The offence took place in a spur of moment. There was no motive to kill the deceased. Furthermore the whole case is based on circumstantial evidence. In that view of the matter, though learned APP is strongly opposing the application, I am of the opinion that since the Applicant is in jail from last one year and there is unlikelihood that trial will conclude in the near future, I pass following order : "

6.

The applicant is in a jail for more than one year. In view of the above finding recorded by this Court, 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.259 of 2023 registered at Bibvewadi Police Station, District : Pune, for the offences punishable under Section 302 read with Section 34 of the Indian Penal Code (for short 'IPC') on executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount;

(iii) The applicant shall attend the Bibvewadi Police Station, District Pune, twice in a month i.e. first and third Saturday between 10.00 a.m. and 11.00 a.m. till conclusion of trial;

(iv) 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;

(v) Liberty is granted to the State for cancellation of bail, if the applicant breaches any condition or misuses the liberty or commits similar offence;

(vi) Application stands disposed of accordingly.

(N. R. BORKAR, J.)