Umakant Ramesh Gaikwad v. State Of Maharashtra

Nikita

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1745 OF 2025 NIKITA KAILAS DARADE IN BAIL APPLICATION NO.3499 OF 2024 NIKITA KAILAS DARADE Date: 2025.07.25 21:27:43 +0530 Umakant Ramesh Gaikwad ... Applicant V/s.

State of Maharashtra ... Respondent Mr. Vighneshwar Subramanian for the Applicant (appeared through V. C. ).

Ms. Veera Shinde, APP for the State.

CORAM

: ASHWIN D. BHOBE, J.

DATED : 12th JUNE, 2025 P.C.:

1.

Heard Mr. Vighneshwar Subramanian, learned Advocate for the Applicant, and Ms. Veera Shinde, APP for the State. 2.

By the present application, the Applicant has sought for the following relief:

"a.

Modify Condition No.(iii) of the order dated 19th September, 2024 passed in Criminal Bail Application No.3499 of 2024, and permit the Applicant to report to the Shahupuri Police Station as and when required by the Investigating Officer, or subject to any direction of the Court."

3.

By the order dated 19.09.2024 passed in Criminal Bail Application No.3499 of 2024, the Applicant was released on bail in C. R. No. 1202 of 2023 registered with Shahupuri Police Station, Kolhapur on the conditions mentioned in paragraph No.4(i) to

4(iv). Condition No.4(iii) reads as follows:

"(iii) The Applicant shall attend said Police Station on 1st and 16th day of every month between 12.00 noon and 2.00 pm till conclusion of trial, except on the date of trial;"

4.

Mr. Subramanian, on instructions from the Applicant states that the Applicant has abided by each and every condition of the order dated 19.09.2024 passed in Criminal Bail Application No.3499 of 2024. He states that the Court of Chief Judicial Magistrate Kolhapur, has taken cognizance of the crime and the case is now registered as Case RCC No. 1287 of 2024. He states that charge is framed and the Applicant has been regularly appearing in the said case as and when dates are fixed. He on instructions from the Applicant states that the Applicant would appear before the learned Chief Judicial Magistrate on each and every date fixed, unless exempted by the learned Court of Chief Judicial Magistrate. He states that the occasion for filing the present application is on account of the inconvenience caused to the Applicant as the Applicant resides in Pune, whereas the Police Station is at Kolhapur. He therefore prays that the Application be allowed.

5.

Learned APP does not dispute the fact that the Trial Court has taken the cognizance and the Applicant is regularly appearing before the Court in Case RCC No.1287 of 2024. 6.

In view of the above and in the facts and circumstances of the case, by accepting the statement made by Mr. Subramanian on instruction of the Applicant, to the effect that the Applicant shall appear before the Court as and when the dates are fixed in the

matter, the present application can be allowed and the condition No.4(iii) in the Bail Application No.3499 of 2024 dated 19.09.2024 can be relaxed.

7.

Bail Condition No. 4(iii) of the order dated 19.09.2024 passed in Bail Application No.3499 of 2024 stands relaxed on the basis of the undertaking given by the Applicant to attend the Court as and when the matter in Case RCC No.1287 of 2024 is listed before the learned Trial Court.

8.

The Interim Application No.1745 of 2025 is allowed. (ASHWIN D. BHOBE. J.)