MOHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants in all the three Bail Applications are seeking regular bail in connection with Crime No. 5 of 2019 registered with Kurunda Police Station, Taluka Basmathnagar, District Hingoli for the offences punishable under Sections 364-A , 120-B , 109 , 377 , 324 , 325 , 143 , 147 , 148 , 149 , 506 of IPC. Their applications with similar prayer bearing Criminal Bail Application Nos. 155 of 2019, 134 of 2019 and 137 of 2019 came to be rejected by the Additional Sessions Judge, Basmathnagar, District Hingoli. .

(2.) Learned counsel for the applicant Mohan Daulat Munde in Bail Application No. 879 of 2019 submits that though name of the applicant is mentioned in the FIR, general allegations have been made against him without ascribing any specific role. As per the allegations made in the complaint, on 28.12.2018 in the morning at about 6.30 am, when victim Kailas had been to attend nature's call, he was abducted and taken in one Bolero jeep by two persons and at that time, victim noticed that four persons were there in the said Bolero jeep. As per the allegations made in the complaint, present applicant was one of those four persons. Learned counsel submits that as per further allegations made in the complaint, victim Kailas was taken to Telgaon, District Beed in the said Bolero jeep. The victim was thereafter taken by co-accused Dilip Ughade in his Indica vehicle. Learned counsel submits that the role of the present applicant is limited to that extent as alleged in the complaint. So far as the allegations about subsequent events made in the complaint, the applicant has no concern with the same. Learned counsel submits that the applicant is in jail since 09.02.2019. He has a fixed place of residence and he is easily available for trial. He is ready to abide any conditions if imposed by the Court.

(3.) Learned counsel for the applicant Dilip s/o Haribhau Ughade in Bail Application No. 810 of 2019 submits that though name of the applicant is mentioned in the FIR with the specific allegations against him, it is part of record that victim Kailas had taken a huge amount way back in the year 2010 from the applicant as an advance for supply of labours to the sugar factory. However, he failed to comply with the agreement. Learned counsel submits that victim Kailas has concocted a false story to implicate the applicant since the applicant has started insisting him for refund of the amount. Learned counsel submits that the applicant has also filed a private complaint before the learned Magistrate, Majalgaon bearing R.C.C. No. 230 of 2010 under Sections 406 , 420 of IPC against victim Kailas and even in terms of the order passed by the Magistrate Crime No. 14 of 2011 came to be registered against victim Kailas in respect of the said transaction. Learned counsel submits that the antecedents of the applicant are clear. He may be released on bail. He is easily available for trial. He is in jail since 23.03.2019.