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Bombay High CourtBA/1457/2025allowed

Dipak Pundlik Hinde v. The State Of Maharashtra

2025-05-07Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1457 OF 2025 Dipak Pundlik Hinde ...Applicant

VERSUS

The State of Maharashtra

...Respondent

....

Mr. Aniket Vagal a/w Ms. Savvy Kolhekar, Advocate for the Applicant.

Mr. T. G. Khan, A.P.P. for the Respondent - State. ....

CORAM

:

N. R. BORKAR, J.

DATE :

07.05.2025.

P.C.

:

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No. 467 of 2023 registered at Vani Police Station, Dist- Nashik for the offences punishable under Sections 302, 201, 120-B and 364 read with 34 of the Indian Penal Code, Section 4(25) of the Arms Act and 37(1)(3) of the Maharashtra Police Act.

3.

It is the case of the prosecution that there was a dispute between the deceased on one side and applicant and other co-accused on other side. It is alleged that the applicant and other co-accused thus entered into conspiracy to kill the deceased. It is alleged that pursuant to the said conspiracy in the intervening night of 10.12.2023 and 11.12.2023 they abducted the deceased

and committed his murder.

4.

I have heard the learned counsel for the applicant and the learned APP for the respondent/State. 5.

The bail is sought on the ground of parity. In support of the said ground, the learned counsel for the applicant has placed on record the orders passed by this Court dated 15.10.2024 in Criminal Bail Application No. 1876 of 2024 and dated 27.09.2024 in Criminal Bail Application No. 2189 of 2024. By the said order, this Court has released the co-accused Ashok Navale and Pandit Shelke. The learned counsel for the applicant submits that the role attributed to the said co-accused and the present applicant is similar.

6.

On the other hand, the learned APP for the Respondent/State submits that there is additional incriminating circumstances against the applicant i.e recovery of the knife at the instance of the present applicant. It is submitted that considering the nature of offence the applicant may not be released on bail. 7.

I have perused the statement of witnesses. The role attributed to the applicant and co-accused Ashok Navale and Pandit Shelke appears to be similar. There are no other criminal antecedents. Considering the overall facts and circumstances, 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. 467 of 2023 registered at Vani Police Station, Dist- Nashik for the offences punishable under Sections 302, 201, 120-B and 364 read with 34 of the Indian Penal Code, Section 4(25) of the Arms Act and 37(1)(3) 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.

D] The applicant shall not commit any other crime.

E] The applicant shall not tamper with the prosecution evidence.

8.

Application stands disposed of accordingly.

(N. R. BORKAR, J.)