Order

2BA1319

1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (BA) NO. 1319/2020

Prakash S/o Ziranga Hichami & anr.

-VERSUS-

State of Maharashtra.

Office notes, Office Memoranda of

Coram, appearances, Court'

s orders Court’s or Judge’s Orders

or directions and Registrar’s orders.

Shri A. C. Jaltare, Advocate for applicants.

Mrs. S. S. Jachak, APP for non-applicant/State.

CORAM : VINAY JOSHI, J.

DATE : 07.04. 2021.

Hearing was conducted through Video

Conferencing.

2.

Applicants are seeking regular bail in

terms of Section 439 of the Code of Criminal

Procedure in crime No. 3/2020 registered with

Police Help Center, Kotam Police Station, Etapalli

for the offrence punishable under Sections 307,

353, 143, 147, 148, 149, 120(b) of the Indian

Penal Code read with Section 5/28 of the Arms

Act.

3.

It is the prosecution case that on

31.05.2020, Naxalite formed unlawful assembly

and indiscriminately fired on the Police with an

intention of causing death. Applicants have

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participated in the said Naxalite movement. The

State resisted bail vide reply-affidavit dated

09.01.2021. It is contended that during course of

investigation, it was revealed that applicants have

attended Naxalite meeting and had participated in

the deadly attack occurred on the day of incident.

It is stated that the names of accused were heard

by several persons when the Naxalite were talking

at the time of attack. According to the prosecution,

applicants are active members of Naxalite

movement and they use to support Naxalite and as

such, they have committed serious offence.

4.

At the instance of report lodged by the

P.S.I. Yogesh Patil, crime was registered. The

informant stated that on 31.05.2020 on receipt of

intimation, Police searched Zuri Jungle area.

When the Police were taking rest at Kondawahi,

during night hours Naxalite came and started

indiscriminate firing with the intention to kill the

Police Personnel. At the time of firing, the

Naxalite were taking names of both applicants.

Besides the allegation that names of applicants

were taken by Naxalite, no other incriminating

material has been shown against applicants.

Though it is alleged that there was indiscriminate

firing, however no bullet marks were found on

nearby tenements. While resisting bail, the State

has canvased about the antecedents of applicants

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for which certain documents are filed. It reveals

that besides two crimes registered in the year 2014

against applicant – Nandu, there is no other

convincing material to that effect. Investigation is

complete and charge-sheet has been filed. Nothing

has been seized at the instance of applicants.

Considering the allegation that the Police heard

the names of applicants in the incident, they

cannot be indefinitely detained behind bar.

5.

Admittedly, no one sustained injury in

concerned incident. The submission that

applicants’ presence on the spot itself is doubtful,

requires consideration. The trial will take its own

time for disposal according to law.

6.

Having regard to the nature of

accusation and the material collected against the

accused, they can be released on bail by imposing

certain conditions. In view of that, following

order:-

(I)

Application stands allowed.

(II)

Applicants/accused namely Prakash S/o

Ziranga Hichami and Nandu S/o Ramsu Gota be

released on bail on their furnishing P.R. Bond of

Rs. 25,000/- with one or two sureties in the like

amount each.

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(III)

Applicants shall not communicate to the

Naxlite group in any manner and should stay away

from the said movement.

(IV)

Applicants shall attend concerned

Police Station on every alternate Monday between

10.00 a.m. to 12.00 noon till conclusion of trial.

(V)

Applicants shall not directly or

indirectly make any inducement, threat or promise

to any person acquainted with the facts of the case

and also shall not tamper with the