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Bombay High CourtABA/200/2021disposed off

Aparna Purohit v. The State Of Maharashtra

2021-01-20Hon'Ble Shri Justice Prakash D. Naik3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION (ST.) NO.1468 OF 2021 Aparna Purohit ... Applicant

Versus

The State of Maharashtra ... Respondent .....

Mr. Abad Ponda Sr. Advocate a/w Mr. Thomas George, Ms. Tanvi Sinha a/w Mr. Mudit Tayal, Saikrishna and Associates, Advocate for the Applicant.

Mr. Y. M. Nakhwa, APP for the Respondent - State. .....

CORAM

: PRAKASH D. NAIK, J.

DATE : 20th JANUARY, 2021.

PER COURT :

1.

Not on board. Taken on board at 4.30 p.m.

2.

The applicant is seeking transit anticipatory bail in connection with FIR No.0031 of 2021 dated 17th January, 2021 lodged at Hajaratganj Police Station, Lucknow, Uttar Pradesh for offences under Sections 153(A), 295, 505(1)(b), 505(2), 469 of Indian Penal Code and Sections 66, 66(F) & 67 of Information Technology Act, 2000. The First Information Report has been Digitally signed by RajeP. Aher Date:

2021.01.20 19:48:43 +0530 RajeP.

Aher registered on 17th January, 2021.

3.

Learned counsel for the applicant submit that, applicant is resident of Mumbai. Himanshu Kishan Mehra is the producer of

subject web series in respect to which FIR have been registered. Ali Abbas Zafar is director of the web series and the Gaurav Solanki is the writer. It is submitted that on account of pandemic situation and apprehension of immediate arrest sufficient time may be granted to the applicant to approach the competent Court for seeking appropriate relief. It is submitted that this Court has granted relief to the other accused today for a period of three weeks to enable them to approach competent Court for appropriate relief. It is submitted that three weeks time may be granted to the applicant to approach the competent Court for seeking appropriate relief. The applicant is content head of Amazon Prime. On instructions it is submitted that objected scene has been deleted to avoid any controversy. 4.

Learned APP submitted that the FIR has been registered at Hajaratganj Police Station, Lucknow which is apparent from the copy of the FIR. Except FIR there is no material before this Court. There is no apprehension of arrest.

5.

Learned counsel for the applicant submitted that the documents annexed to this application would indicate that, there is every likelihood of applicant being arrested at any point of time. Learned counsel for the applicant relied upon several decisions

passed by this Court wherein transit anticipatory bail has been granted by this Court.

6.

Since FIR is registered at Lucknow without adjudicating on merits to enable the applicant to approach the competent Court for seeking appropriate relief, the applicant can be granted relief as prayed for stipulated period.

ORDER

(i) In the event of arrest of the applicant in connection with FIR No.0031 of 2021 registered with Hajaratganj Police Station, Lucknow, Uttar Pradesh, the applicant be released on bail on furnishing P. R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

(ii) This protection is granted for a period of three weeks to enable the applicant to approach the competent Court for seeking appropriate relief.

(iii) Application stands disposed of accordingly. (iv) All concerned will act on authenticated copy of this order.

7.

Secretary/Personal Assistant of this Court. All concerned will act on (PRAKASH D. NAIK, J.)