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Bombay High CourtBA/697/2025allowed

Aniket Mansingh Rajput v. State Of Maharashtra

2025-03-17Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 697 OF 2025 Aniket Mansing Rajput ...Applicant

VERSUS

The State of Maharashtra

...Respondent

....

Mr. Shailesh Kharat, Advocate for the Applicant. Mr. S. S. Chaudhari, A.P.P. for the Respondent - State. ....

CORAM

:

N. R. BORKAR, J.

DATE :

17.03.2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No. 345 of 2018 registered at Dighi Police Station, District, Pune, for the offences punishable under Sections 302 & 201 r/w 34 of the Indian Penal Code, Section 4(25) of the Arms Act and Sections 37(1) and 135 of the Maharashtra Police Act. 3.

The deceased was working in the hotel of the complainant. The applicant and other co-accused were also working in the hotel of the complainant. It is alleged that on the date of incident, which took place on 06.12.2018, the present applicant and other co-accused for some unknown reason assaulted the deceased by

some sharp weapons and committed his murder.

4.

The bail is sought on the ground of long incarceration as under-trial prisoner. The learned counsel for the applicant submits that the applicant is in jail for six years and four months and the trial is still at the initial stage as the examination-in-chief of first prosecution witness is still going on. It is submitted that the trial being adjourned sometimes for want of witnesses or sometimes for nonproduction of accused. 5.

On the other hand, the learned APP for the respondent/State submits that the applicant is involved in a serious crime of murder. It is submitted that the case is based on direct evidence. The learned APP submits that as the trial has commenced, the present application may not be entertained.

6.

The fact that the applicant is in jail for six years and four months is not disputed. There are no other criminal antecedents against the applicant. In that view of the matter, I am inclined to release the applicant on bail. In the result, the following order is passed:

O R D E R

A] The Application is allowed.

B] The applicant be released on bail in Crime No. 345 of 2018 registered at Dighi Police Station, District, Pune, for the offences punishable under Sections 302, 201 r/w 34 of the Indian Penal Code, Section 4(25) of the Arms Act and Sections

37(1) and 135 of the Maharashtra Police 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 attend the concerned police station once in a month, i.e., on first Saturday between 11:00 am to 2:00 pm, till conclusion of the trial.

7.

Application stands disposed of accordingly.

(N. R. BORKAR, J.)