Advocates:
['SHAILESH ASHOK SAHU', '', 'R B GAIKWAD', 'AARTI SINGH']

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

CRIMINAL BAIL APPLICATION NO. 1183 OF 2020

(Abhishek @ Daddu Rajesh Badage & Anr. V/s State of Maharashtra)

Office

Notes,

Office

Memoranda of Coram,

Appearances,

court’s

orders or directions and

Prothonotary’s orders

Court’s or Judge’s orders

Mr. R. B. Gaikwad, Advocate for Applicants.

Ms. N. P. Mehta, APP for Non-applicant/State.

------

CORAM

: MRS. SWAPNA JOSHI, J.

DATE

: JANUARY 12, 2021.

.

Heard Mr. Gaikwad, the learned Counsel for

Applicants and Ms. Mehta, the learned APP for State.

2.

By this Application, Applicants are seeking regular

bail in Crime No. 434 of 2020 registered with Gondia City Police

Station for the offence punishable under Sections 307, 201, 202,

506 read with Section 34 of Indian Penal Code, Sections 3, 4 r/w

25 and 36 of Indian Arms Act, Sections 3(1) (2) and 6 of

Maharashtra Prevention and Eradication of Human Sacrifice and

other inhuman, Evil and Aghori Practices and Black Magic Act

and Sections 3(1)(zb) and 3(2) (5) of the Atrocities Act and

revised rules, 2015.

3.

Perused the chargesheet. After perusal of the

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chargesheet, it reveals that the allegations against the Applicants

are that they have assaulted one Chakradas Borkar by means of

stick and one pointed object. It is noticed that no doubt the eye-

witnesses speak about the assault, however, so far as the injury

certificates are concerned, they show the injuries on the body of

Chakdas Borkar, but there is no specific opinion of the Medical

Officer that those injuries were grievous in nature.

4.

Considering the nature of offence and as there is no

criminal antecedent available against the Applicants, this Court is

of the opinion that by imposing suitable conditions, they can be

released on bail. Hence, the following order.

ORDER

(i)

The Criminal Application is allowed.

(ii) The Applicants be released on bail in Crime No. 434 of

2020 registered with Gondia City Police Station for the

offence punishable under Sections 307, 201, 202, 506 read

with Section 34 of Indian Penal Code, Sections 3, 4 r/w 25

and 36 of Indian Arms Act, Sections 3(1) (2) and 6 of

Maharashtra Prevention and Eradication of Human

Sacrifice and other inhuman, Evil and Aghori Practices and

Black Magic Act and Sections 3(1)(zb) and 3 (2) (5) of the

Atrocities Act and revised rules, 2015, on furnishing PR

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Bond in the sum of Rs.25,000/- with one solvent surety

each in the like amount.

(iii) The Applicants shall neither tamper with the evidence so

far collected by the prosecution nor pressurize the

prosecution witnesses in any manner.

(iv) The Applicants shall attend the concerned police station on

second and fourth Saturday of the month in between 11.00

a.m. to 2.00 p.m.

(v) The Applicants shall not indulge in similar type of offence

in future. If it is noticed that they are involved in such type

of offence, the prosecution will be at liberty to move for

cancellation of bail.

(vi) The Applicants shall keep themselves away from the limits

of area where the complainant and other witnesses are

residing.

(vii)The Applicants shall not change the place of residence

without prior intimation to the concerned police station.

(viii)The Applicants shall attend the dates of hearing regularly

in the trial court.

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(ix) Their two consecutive absence without reasonable cause

will entail the prosecution to move for cancellation of