YOGESH VIJAY KATALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking bail in connection with Crime No.0431/2020, registered with MIDC Waluj Police Station, -Aurangabad, for the offences punishable under Sections 270, 273, 188, 328 read with Section 34 of the Indian Penal Code.

(2.) Heard both sides.

(3.) The learned Counsel for the applicant submits that the Police Head Constable on duty, during patrolling, found one auto rickshaw proceeding in speed in suspicious manner and thus he chased the said auto rickshaw. Upon search, it was found that the contraband article pan gutkha masala, costing about Rs.39,600/-, was being transported illegally. The learned Counsel for the applicant submits that three co-accused persons, who were caught raid handed while transporting the said contraband article pan gutkha masala, came to be released on bail. However, one of the co-accused has disclosed the name of the applicant and it has been stated that they had purchased the said contraband article pan gutkha masala from the present applicant. The learned Counsel submits that except the statement of the said co-accused person, which is not admissible in evidence, there is no connecting evidence against the applicant. The applicant has a fxed place of residing. The applicant is ready to abide by the conditions, if imposed by this Court, while releasing the applicant on bail.