The AIB granted regular bail to the applicant in a criminal case involving multiple IPC offences. The court noted the investigation was nearly complete, a counter-complaint existed, and directed the release upon furnishing a bond.
Released on bail with ₹15,000 PR bond and two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
36 BA-3180-21.doc
BDP-SPS-TAC
BHARAT DASHARATH PANDIT
Digitally signed by BHARATDASHARATH PANDIT Date: 2021.09.29 17:08:00 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3180 OF 2021
Dilip Kadu Bodade @ Taklya
V/s
The State of Maharashtra
….Applicant.
…. Respondent.
Ms. Sana R. Khan for the Applicant.
Mr. A.R. Kapadnis, APP for the Respondent/State.
CORAM: NITIN W. SAMBRE, J.
DATE: SEPTEMBER 29, 2021
P.C.:-
1]Applicant is seeking regular bail in Crime No.466 of 2021 registered
with Nehru Nagar Police Station, Thane for the offence punishable under
Sections 326, 323, 143, 147, 149 of the Indian Penal Code, as he was
arrested on 3/8/2021.
2]In response to Court’s query, learned APP, on instructions, informs
that investigation in the matter is almost over and charge-sheet will be
submitted against the Applicant within a period of two weeks from today.
Statement is accepted.
3]It appears that on the same date of incident, at the behest of the
Applicant, against the complainant in aforesaid crime, Crime No.456 of
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36 BA-3180-21.doc
2021 was already registered with Nehru Nagar Police Station, Thane
punishable under Sections 307, 334, 387, 504, 506 of the Indian Penal
Code. Apart from above, this Court needs to be sensitive to the fact that the
complainant in the aforesaid Crime No.466 of 2021 was already booked a
week earlier in similar type of offence i.e. offence punishable under Section
326 of the IPC at the behest of Nephew of the Applicant. As such, case of
counter complaint is established.
4]In the aforesaid backdrop, in my opinion, case for grant of bail is
made out.
5]Applicant is directed to be released on bail in Crime No.466 of 2021
registered with Nehru Nagar Police Station, Thane for the offence
punishable under Sections 326, 323, 143, 147, 149 of the Indian Penal
Code upon furnishing P.R. Bond of Rs 15000/- with one more sureties in
the like amount. Applicant shall neither influence the witnesses in any
manner nor tamper with the evidence. Till charge-sheet is filed, Applicant
shall keep himself away from the jurisdiction of Nehru Nagar Police
Station, Thane.
(NITIN W. SAMBRE, J. )
2/2
1 issue framed by the court
Whether grant of regular bail is sustainable when investigation is nearly concluded and counter-complaint is established.
2 provisions across 1 enactments
Bharat Dasharath Pandit
The State of Maharashtra
Nitin W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court