High Court

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562.2024BA-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD911 BAIL APPLICATION NO. 562 OF 2024Sumit Anand Kokre ..APPLICANT -VERSUS- The State of Maharashtra ..RESPONDENT ...Advocate for Applicant : Mr. Shinde Dhananjay M.APP for Respondent/State : Mr. R.D. Raut ...WITHBAIL APPLICATION NO. 605 OF 2024Mahavir Parmeshwarsingh Rajpurohit ..APPLICANT -VERSUS-The State of Maharashtra ..RESPONDENT ...Advocate for Applicant : Mr. Granthi Manpreet Ajeet SinghAPP for Respondent/State : Mr. R.D. Raut ... CORAM : SANJAY A. DESHMUKH, J. DATED : 23rd APRIL, 2024. PER COURT :- 1.Leave to amend the prayer clause (A) in Bail ApplicationNo.605 of 2024.2.The applicants are seeking bail under section 439 of theCriminal Procedure Code, 1973 (for short, “Cr.P.C.”). The applicantshave been arrested in connection with crime No.345 of 2023 562.2024BA-2- registered with Police Station, Itwara, Dist. Nanded, for the offencespunishable under sections 302, 307, 120(B), 294, 201, 387, 504,506, 143, 147, 148, 149 of the Indian Penal Code, sections 4/25 and27 of the Arms Act and section 135 of the Maharashtra Police Act.3.It is averred in the report that Sagar Premchand Rautre(Yadav) was son of maternal uncle of informant. They used to runshop of daily needs and finance at Juna Ganj, Nanded. It is furtheraverred in the report that on 06.11.2023, at about 4.00 p.m., Sagarcalled the informant from his shop that Keshav Nahare (Pawar) co-accused is demanding money from him and threatening that if hefailed to pay that amount, he will not allow him to continue hisbusiness of daily needs and finance. He is frequently makingrepeated extortion calls. Co-accused Keashav, however alsothreatened to kill him if he is not ready to pay that amount. That time,informant suggested Sagar to lodge the report but Sagar said himthat co-accused Keshav will not spare him as he has threatened tokill him. On the same day at about 8.00 p.m., the applicants andco-accused went to meet one Bandewar at Tirupati Jewelers. Theywere carrying swords, daggers, knifes in a nylon sack. They draggedSagar and Monu by caught holding their collar of shirts and askedthem to sit on their motorcycle. Sagar and Monu refused to sit ontheir motorcycle. Therefore, they took out the weapons from nylonsack and started to assault them. They were abusing them in filthy 562.2024BA-3- language. They were saying that they are from K.B. gang and he didnot know the same. Then they abused and questioned as to why heis not paying the money. Other shop owners started closing theirshops. When the informant attempted to intervene to rescue Sagarand Monu, they started to assault them with the weapons. Theyassaulted Sagar. Sagar felled down infront of Tirupati Jewelers Shop.Thereafter, when they noticed that Sagar became unconscious, theyfled away. Sagar sustained injuries to his head and stomach. He wasimmediately admitted in Yashosai Hospital, Nanded by his friendsManusing and Gurulalsing on their motorcycle. Doctor declared himas dead. Monu, who sustained injury was also treated. Therefore, thereport came to be registered with Itwara Police Station. 4.The learned advocate for the applicant Sumit in BailApplication No.562 of 2024 submits that his name is not mentioned inthe report. The CCTV footage also does not show that he wasassaulted. He submitted that the applicant is college going student.He has no criminal antecedents. Trial will take long period. He isfalsely implicated in the crime. He will not flee away from the trial ashe has roots in the society. It is lastly prayed to allow the application. 5.The learned advocate for the applicant Mahavir in BailApplication No.605 of 2024 submits that the applicant’s name ismentioned in the report, however, he is falsely implicated in the crimeand from the CCTV footage details, it does not appear that he has 562.2024BA-4- participated in the crime while assaulting either Sagar or Monu. He isalso college going student. He has roots in the society. He will notflee away from the trial. Trial will take long period. Custody of theapplicant is not necessary. He has no criminal antecedents. He lastlyprayed to allow the application. 6.The learned APP for the respondent-State stronglyopposed the applications and submitted that both the applicants areinvolved in the serious crime of commission of murder for ransom.K.B. gang is active in Nanded. They are usually committing murderfor extorting money by creating terror in the society particularly in themind of shop owners. He pointed out the statements of the witnessesand the CCTV footage. The learned APP further pointed outapplicant Mahavir Parmeshwarsingh Rajpurohit is seen while he issitting on the motorcycle and proceeding. Considering his role, it islastly prayed to reject the applications of both the applicants. 7.Perused the charge-sheet, particularly the statements ofthe witnesses, postmortem report and injury certificate of Monu.Name of applicant Sumit is not mentioned in the report. He has rootsin the society. He is college going student. He will not flee away fromthe trial. Trial would take long period. Custody of the applicant is notnecessary. Considering his role, he is entitle for bail on the principlethat bail is rule and jail is exception. 562.2024BA-5- 8.As far as applicant Mahavir is concerned, he is alsocollege going student. His name is mentioned in the report, however,his role is not specified that he actually assaulted either deceased orinjured Monu. No doubt, both the applicants are seen in the CCTVfootage, however, on their part overt act is not pointed out. In thestatements of the witnesses their role is also not specified.Considering fact that the applicant Mahavir is also roots in thesociety, he will not flee away from the trial, the trial would take longperiod, the applications deserve to be allowed on certain stringentconditions. Hence the following order.O R D E RI.Applications are allowed.II.The applicants in connection with crime No.345 of 2023registered with Police Station, Itwara, Dist. Nanded, for theoffences punishable under sections 302, 307, 120(B), 294,201, 387, 504, 506, 143, 147, 148, 149 of the Indian PenalCode, sections 4/25 and 27 of the Arms Act and section 135 ofthe Maharashtra Police Act, be released on bail on furnishingpersonal bond of Rs.50,000/- each with one surety of the likeamount by each of them on the following conditions:- a)The applicants shall not pressurize the prosecutionwitnesses and shall not tamper with the prosecutionevidence in any manner. 562.2024BA-6- III.If any breach of the above conditions is noticed by the trialCourt, the trial Court is at liberty to cancel the bail granted to theseapplicants without further reference to this Court. (SANJAY A. DESHMUKH, J.) sga