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Bombay High CourtABA/70/2023disposed off

Abhishek Singh v. The State Of Maharashtra

2023-01-13Hon'Ble Shri Justice M. S. Karnik3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.70 OF 2023 Abhishek Singh ..Applicant VS.

The State of Maharashtra ..Respondent Digitally signed by PRADNYA MAKARAND BHOGALE Date:

2023.01.13 16:53:27 +0530 PRADNYA MAKARAND BHOGALE Mr. Manoj Kumar Tiwari for the applicant.

Ms. P. N. Dabholkar, APP for the State.

Mr. Jadhav, PI, Antop Hill Police Station is present. CORAM : M. S. KARNIK, J.

DATE : JANUARY 13, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for pre-arrest bail in respect of the offence punishable under Sections 307, 323, 326, 504 read with Section 34 of the Indian Penal Code, 1860 in connection with C.R. No.363 of 2022 registered with Antop Hill Police Station.

3.

The date of the incident is 23/12/2022. It is alleged that the complainant was assaulted with a knife on his stomach. The applicant is not the assailant. The role 1/3

assigned to the applicant was that he held the complainant. The other accused-Shiddesh Bhosale assaulted the complainant. Considering the nature of the allegations and the fact that the applicant has no criminal antecedents, the applicant could be granted pre-arrest bail. The applicant however has to co-operate with the investigation. In my opinion, the custodial interrogation of the applicant is not necessary in the present case.

4.

Hence, the following order :-

O R D E R

(a) Application is allowed.

(b) In the event of arrest in connection with C.R. No.363 of 2022 registered with Antop Hill Police Station, the applicant-Abhishek Singh shall be released on bail on furnishing P.R. Bond to the extent of Rs.25,000/- with one or more sureties in the like amount.

(c) The applicant shall report to the concerned police station on 16/01/2023, 17/01/2023 and 18/01/2023 between 11.00 a.m. and 2.00 p.m. and thereafter as and when called. In any case, the applicant to report the concerned police station once in a month on every Monday between 11.00 a.m. and 2.00 p.m.

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(d) The applicant to co-operate with the Investigating Officer.

(e) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with evidence.

(f) The applicant shall furnish the details of his residential address and phone number to the investigating officer.

5.

The Anticipatory Bail Application stands disposed of. (M. S. KARNIK, J.) 3/3