Allowed

Vishal Vitthalrao Nayak v. the State of Maharashtra

Bombay HC22 Dec 2021BA/1507/2021

Case brief

AI extract

What is this about?

In a bail application under Section 439 CrPC, the High Court Bench at Aurangabad allowed the release of an accused arrested for murder based on substantial investigation progress and collected evidence, imposing stringent conditions including bond and lie-flat.

What did the court decide?

Applicant released on personal bond of Rs. 50,000/- with two sureties of Rs. 25,000/- each, subject to stringent interim and residential conditions.

Vishal Vitthalrao Nayak Vs the State of… — Murder and Culpable Homicide | Bombay HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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1019 BAIL APPLICATION NO.1507 OF 2021

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VISHAL VITTHALRAO NAYAK
VERSUS

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THE STATE OF MAHARASHTRA

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Mr. D.M. Shinde, Advocate for the applicant
Mr. V.M. Kagne, APP for the respondent

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CORAM :SMT. VIBHA KANKANWADI, J.
DATE:22th DECEMBER, 2021

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PER COURT:

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1Present application has been filed under Section 439 of the Code
of Criminal Procedure, 1973 by the applicant, who has been arrested in
connection with Crime No.212/2021 registered with Goregaon Police Station,
Dist. Hingoli, for the offence punishable under Section 302, 201 of the Indian
Penal Code, 1860.

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2Heard learned Advocate Mr. D.M. Shinde for the applicant and
learned APP Mr. V.M. Kagne for the respondent.

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3Perusal of the First Information Report would show that the
incident had taken place in between 10.12.2020 to 11.12.2020, however, the
First Information Report has been lodged on 23.10.2021. Though the

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BA_1507_2021

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learned Advocate appearing for the applicant is submitting that there is
inordinate delay, however, it is to be noted that the ultimate opinion by the
medical expert has been given on 22.10.2021, which showed that the death
of deceased Shyam Nayak was homicidal.

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4The case of the prosecution appears to be based on
circumstantial evidence, especially the theory of last seen together. Now, the
substantial part of the investigation appears to have been conducted,
statements of witnesses have been recorded and CDR has also been collected,
which allegedly shows the location of the mobile of the deceased as well as
the applicant at almost the same place. The applicant came to be arrested on
23.10.2021 and, therefore, taking into consideration the progress made in
the investigation and the evidence collected uptill now he deserves to be
released on bail, however, on stringent conditions. Hence, following order.

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ORDER

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1 Application stands allowed.

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2Applicant viz. Vishal Vitthalrao Nayak, who has been arrested in
connection with Crime No.212/2021 dated 23.10.2021 registered with
Goregaon Police Station, Dist. Hingoli, for the offence punishable under
Section 302, 201 of the Indian Penal Code, 1860, be released on P.R. of

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BA_1507_2021

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Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties of
Rs.25,000/- (Rupees Twenty Five Thousand only) each.

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3The applicant shall not tamper with the evidence of the
prosecution, in any manner.

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4He shall not indulge in any criminal activity.

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5If he commits any breach of above terms of bail, the prosecution

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is at liberty to move the Trial Court under Section 439(2) of the Code of
Criminal Procedure for cancellation of bail.

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6He shall not enter the jurisdiction of village Sawana, Tq.
Sengaon, Dist. Hingoli till the conclusion of trial. He should reside
elsewhere, and before submission of bail papers, the applicant should give
complete address of his proposed residence with his mobile number to the
Investigation as well as to the Trial Court. So also he should comply with the
requirements under paragraph Nos.12 (1) to (6) of Chapter I of Criminal
Manual, (whichever are applicable).

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7Bail before Trial Court.

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( Smt. Vibha Kankanwadi, J. )

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agd

Vishal Vitthalrao Nayak v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Vishal Vitthalrao Nayak v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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