Allowed

Rajesh Jogeshchandra Roy @ Raja Bangali and Anr. v. State of Maharashtra

Bombay HC2 Jan 2023BA/557/2022

Case brief

AI extract

What is this about?

Application for bail under Section 439 CrPC in a crime involving murder conspiracy and organized crime. The single-judge bench allowed the application after finding prima facie lack of direct connection to the alleged crime.

What did the court decide?

Bail granted by furnishing a bond of Rs. 25,000 with one or two sureties and attending policing station once a month.

Rajesh Jogeshchandra Roy @ Raja Bangali and Anr. Vs State of… — Narcotics (NDPS) | Bombay HC (2023)

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19-BA-557-22-corr.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO. 557 OF 2022

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Rajesh Jogeshchandra Roy
@ Raja Bangali

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…Applicant

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 Versus

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The State of Maharashtra

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...Respondent

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Mr. P.G. Sarda, for the Applicant.
Mr. S.S. Hulke, APP, for the Respondent/State.

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CORAM : N.R. BORKAR, J.
DATE : 02 JANUARY, 2023.

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P.C. :

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This is an application under Section 439 of Code of
Criminal Procedure, 1973 for bail.

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2.The applicant came to be arrested in Crime No. 352 of
2017 registered at Pimpri Police Station, for the offences punishable
under Sections 302, 511, 120, 212, 216, 219, 223, 224, 225, 120(B)
read with 34 of the Indian Penal Code (for short I.P.C.), Sections 3, 5
read with 25 of the Arms Act and Sections 3(1)(ii), 3(2), 3(4), 24 of
the Maharashtra Control of Organized Crimes Act, 1989 (for short
MCOC Act).

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A. J. Vallakati 1/3

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This order is corrected pursuant to speaking to
minutes of the order dated 20 January 2023.

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19-BA-557-22-corr.doc

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3.I have heard the learned counsel for the applicant and the
learned APP for the respondent/State.

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5.The allegations are of conspiracy to commit the murder of
one Kailash Kadam, by the present applicant and other co-accused,
who according to the prosecution are members of organized crime
syndicate.

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6.The learned counsel for the applicant submits that there is
no material to connect the applicant with the alleged crime. It is
submitted that this court has released some of the co-accused to whom
more serious role is attributed.

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7.On the other hand, the learned APP for the
respondent/State submits that the applicant gave shelter to the co-
accused who escaped from the custody of police to commit the murder
of Kailash Kadam. It is submitted that applicant is a member of
organized crime syndicate and therefore he may not be released on
bail.

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8.I have perused the charge-sheet. Prima facie the applicant
does not appear to be a part of the alleged conspiracy to kill Kailash
Kadam. The applicant is in jail for more than four years. Considering
these facts and circumstances, I am inclined to release the applicant on
bail. In the result, following order is passed:

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ORDER

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A)The Application is allowed.

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A. J. Vallakati 2/3

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19-BA-557-22-corr.doc

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B)The applicant be released on bail in Crime No. 352 of 2017
registered at Pimpri Police Station, for the offences punishable
under Sections 302, 511, 120, 212, 216, 219, 223, 224, 225,
120(B) read with 34 of the I.P.C., Sections 3, 5 read with 25 of
the Arms Act and Sections 3(1)(ii), 3(2), 3(4), 24 of the MCOC
Act, on furnishing P.R. Bond in the sum of Rs.25,000/- (Rupees
Twenty Five Thousand) with one or two sureties in the like
amount.

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C)The applicant shall attend the concerned Police Station
once in a month i.e. on the first Saturday between 11.00 a.m. to
2.00 p.m. till the conclusion of trial.

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[ N.R. BORKAR, J. ]

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3/3

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A. J. Vallakati

Rajesh Jogeshchandra Roy @ Raja Bangali and Anr. v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Rajesh Jogeshchandra Roy @ Raja Bangali and Anr. v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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