Dismissed

Nikhil Vilas Kharat v. State of Mah. Thr. Its Pso, Ranapratap Nagar Ps, Nagpur.

Bombay HC6 Feb 2024BA/971/2023

Case brief

AI extract

What is this about?

In this bail application under Section 439 CrPC, the High Court of Judicature at Nagpur rejected the applicant's plea for release. The judge noted the severity of the murder, the presence of multiple eyewitnesses, and recovery of CCTV footage. Considering the possibility of committing a similar offence, bail was denied. However, liberty was granted to file a fresh application if the charge was not

What did the court decide?

Application under Section 439 CrPC rejected; liberty granted to file fresh bail application if charge is not framed within one year.

Nikhil Vilas Kharat Vs State of Mah. Thr. Its… — Murder and Culpable Homicide | Bombay HC (2024)

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2024:BHC-NAG:1503

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1 110-BA971-2023

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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CRIMINAL APPLICATION (BA) NO. 971 OF 20 23

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(NIKHIL VILAS KHARAT..VS.. STATE OF MAH. THR. PSO PS RANAPRATAPNAGAR, NAGPUR.)

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

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- - - - Shri R.P.Mohadikar, Advocate for Applicant. Shri Shyam B. Bissa, A.P.P. for Respondent/State.

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CORAM : A NIL S. KILOR, J. DATED : FEBRUARY 06, 2024.

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Heard.

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By this application under Section 439 of the Code of Criminal Procedure the applicant is seeking bail in Crime No.225 of 2019, registered with Police Station, Ranapratap Nagar, Nagpur for the offences punishable under Sections 302 and 201 read with Section 34 of the Indian Penal Code and Section 135 of the Maharashtra Police Act.

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This is a successive bail application after withdrawal of the first bail application on 07/12/2022. This bail application is filed in view of the liberty granted to the applicant to file a fresh in case there is no progress in the trial.

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After going through the chargesheet, it is evident that the offence is very serious and the deceased

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2 110-BA971-2023

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was brutally killed, 32 injuries were found on his body and there are 12 eyewitnesses. The CCTV footage is also recovered.

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Thus, considering the material available on record and the nature of the evidence against the applicant, though it is the case of the applicant that he is in jail from last 4 years and 8 months and there is no progress in the trial and till date charge is not framed, since the possibility of committing similar offence if the applicant is released on bail cannot be ruled out, I am not inclined to grant bail to the applicant.

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Accordingly, the application is rejected . However, liberty is granted to the applicant to file fresh application before the trial Court if charge is not framed within one year.

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JUDGE

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RRaut..

Nikhil Vilas Kharat v. State of Mah. Thr. Its Pso, Ranapratap Nagar Ps, Nagpur.

Case brief

What is this about?

What did the court decide?

Nikhil Vilas Kharat v. State of Mah. Thr. Its Pso, Ranapratap Nagar Ps, Nagpur.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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