Partly allowed

Chandrabhan Ragha Agle and Ors. v. the State of Mah

Bombay HC8 Oct 2012APPLN/3905/2012

Case brief

AI extract

What is this about?

The court heard a bail application by three applicants accused of assault under various IPC sections. It granted bail only to applicant No. 3, finding insufficiency of evidence for grievous injury against him, while dismissing applications for applicants No. 1 & 2 due to a strong prima facie case involving serious injuries. Conditions were imposed on the released applicant.

What did the court decide?

Bail granted to applicant No. 3 subject to bond, surety, territorial restriction, and non-influence of witnesses; bail dismissed for applicants No. 1 & 2.

Chandrabhan Ragha Agle and Ors. Vs the State of… — Murder and Culpable Homicide | Bombay HC (2012)

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FARAD CONTINUATION SHEET NO.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3905 OF 2012 "Chandrabhan S/o. Ragha Agale, Ragha Bharka Agle & Yogesh Ishwar Nikumbh Vs. The State of Maharashtra."

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Office Notes, Office Court's or Judge's orders Memoranda of Coram or directions and Registrar's orders. appearances, Court's Orders

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Mr. H.D. Patil, Advocate for applicants. Mr. D.R. Kale, APP for respondent.

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CORAM :- M.T. JOSHI,J.

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DATE :- 8TH OCTOBER, 2012.

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PER COURT :-

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1] Heard both sides. The present 3 applicants arrested by Sarangkheda Police Station, Taluka Shahada, District Nandugbar, in connection with Crime No. 35 of 2012, for the offences punishable under Sections 307, 324, 323, 504 and 506 of IPC, are praying for their release on bail.

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2] The complaint would show that the present 3 applicants had assaulted the 3 injured persons on 7.6.2011 over previous enmity. So far as applicant No.1 Chandrabhan is concerned, the allegation is that, he assaulted with sickle meant for sugarcane cutting, applicant No.2 Radha assaulted with Sickle while applicant No.3 Yogesh assaulted with a stick. The allegations are that, applicant Radha caused injury to Sunandabai, Applicant No.1 Chandrabhan caused injuries to Yogesh Agale, the son of complainant Dagha Agle over his head which was warded off. Applicant No.3 Yogesh used a stick for beating the wife and son of complainant. The applicants were arrested in the second week of June 2012. Now the charge sheet

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FARAD CONTINUATION SHEET NO.

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Office Notes, Office Court's or Judge's orders Memoranda of Coram or directions and Registrar's orders. appearances, Court's Orders

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is filed.

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3] Learned counsel for the applicants submits that the trial would take its own time. The injury certificate would show only in so far as Dagha is concerned, he has received grievous injury. So far as other injured are concerned, the injury certificate show that they received simple injuries . In the circumstances, he submits that the applicants be released on bail.

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4] Learned APP submits that the complainant as well as the present applicants are residing in the neighbourhood. Injury certificate in respect of Dagha would show that he has received a serious injury at various places . There was a fracture to his left forearm. There was a swelling in the occipital region. In the circumstances, he submits that there is a strong prima facie case and as such the applicants cannot be released on bail.

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5] Considering the fact that so far as applicant No.3 Yogesh is concerned, allegations are that he has used a stick and, therefore, grievous injury cannot be attributed to him. Since there are no allegations that Yogesh has assaulted Dagha who has received fracture, he can be released on bail.

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6] So far as rest of the applicants are concerned, there is a strong prima facie case against them. In the circumstances, releasing them on bail when they are residing in the

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FARAD CONTINUATION SHEET NO.

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Office Notes, Office Court's or Judge's orders Memoranda of Coram or directions and Registrar's orders. appearances, Court's Orders

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neighbourbood of the complaint, at this stage, may create further complications.

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7] In the circumstances, the following order :-

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[i] Application in so far as applicant Nos. 1 & 2 (Chandrabhan Ragha Agle & Ragha Bharka Agle) is concerned is dismissed with liberty to file similar application on same set of facts, after a period of 4 months, in case the trial is not concluded within that period.

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[ii] The applicant No.3 Yogesh Ishwar Nikumbh be released on bail upon his executing a P.R. Bond in the sum of Rs.25,000/- and also furnishing surety in the like amount

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[iii] The applicant No.3 Yogesh shall not enter the territorial limits of Village Shirur, Taluka Shahada, for a period of two years, without prior permission of concerned court, or till completion of trial, whichever occurs earlier.

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[iv] They shall not in any way try to influence the prosecution witnesses.

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[M.T. JOSHI,J]

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grt/-

Chandrabhan Ragha Agle and Ors. v. the State of Mah

Case brief

What is this about?

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Chandrabhan Ragha Agle and Ors. v. the State of Mah

Case brief

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What the court decided

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