Umesh @ Rahul Rajendra Patil v. State Of Maharashtra
Prasad Rajput IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.
OF 2025 Umesh @ Rahul Rajendra Patil .. Applicant
Versus
State Of Maharashtra .. Respondent ....................
Mr. Rajas A. Naik, Advocate for Applicant.
Mr. R.M. Pethe, APP for State.
...................
CORAM : MILIND N. JADHAV, J.
DATE : FEBRUARY 18, 2025 P. C.
:
1.
Heard.
2.
Applicant - accused has filed the present Application for regular bail in connection with Crime No. 45 of 2019 registered with Ambernath Police Station for the offences punishable under Sections 397, 324, 141, 143, 144, 147, 148, 149, 504 and 506 of the Indian Penal Code, 1860, under Sections 4 and 25 of the Arms Act, 1959 and under Sections 37(1) and 135 of the Maharashtra Police Act, 1951. 3.
Mr. Naik, learned Advocate for Applicant would draw my attention to the order dated 22.05.2019 which is appended at page No.26 and marked as Exhibit 'B' wherein Applicant was granted Anticipatory Bail by the learned Trial Court. By virtue of that order Applicant was required to adhere to four conditions stated therein.
3.1.
He would submit that charge-sheet came to be filed in the year 2024 but what happened was that Applicant derelicted with compliance of the condition No.2 stated in the order of learned Trial Court dated 22.05.2019 leading to issuance of warrant against the Applicant on the Application made by Investigating Officer. Warrant having been issued, Applicant came to be arrested on 09.12.2024 and is in custody in the said crime.
3.2.
He would persuade the Court to consider the Application on the ground that Applicant is not a habitual offender and in view of the fact that Trial Court found favour with him and granted Anticipatory Bail in the subject crime, the Court should be lenient in allowing the present application and Applicant shall abide any such terms and conditions if so imposed.
4.
On perusing the Application and the grounds which are mentioned in paragraph No.10 of the Application and the fact that trial Court had found favour and granted Anticipatory Bail to the Applicant, along with a further order of the Trial Court dated 29.07.2019 that Applicant shall follow the said conditions scrupulously and had allowed his Application, I am inclined to allow the present Application of the Applicant by considering the grounds stated in the present Application.
5.
In view of the above, Application is allowed subject to the following terms and conditions:- (i) Applicant is directed to be released on bail on furnishing P.R. Bond in the sum of Rs. 25,000/- with one or two sureties in the like amount;
(ii) Applicant shall report to the Investigating Officer of concerned Police Station once every month on the third Saturday between 10:00 am to 12:00 pm for three months and as and when called;
(iii) Applicant shall co-operate with the conduct of trial and attend the Trial Court on all dates unless specifically exempted and will not take any unnecessary adjournments, if he does so, it will entitle the prosecution to apply for revocation of this order;
(iv) Applicant shall not leave the State of Maharashtra without prior permission of the Trial Court;
(v) Applicant shall not influence with any of the witnesses or tamper with the evidence in any manner;
(vi) Applicant shall keep the Investigating Officer informed of his current address and mobile contact number and / or charge of residence or mobile details, if any, from time to time;
(vii) Any infraction of the above conditions shall entail cancellation of this order.
6.
It is clarified that the observations in this order are limited for the purpose of granting Bail only and I have not made any observations on merits of the case.
7.
In view of the above directions, Bail Application stands allowed and disposed.
P.R. Rajput [ MILIND N. JADHAV, J. ]