Ravidas @ Ravi S/O. Narayan Rathod v. The State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.226 OF 2020 Ravidas @ Ravi Narayan Rathod Applicant versus The State of Maharashtra Respondent Mr.Pramod S. Kumbhar i/by Priyal G. Sarda for applicant. Mr.H.J.Dedhia, APP, for State.
CORAM : PRAKASH D. NAIK, J.
DATE : 28th January 2020 PC :
1.
This is an application for anticipatory bail in CR No.620 of 2019 registered with Vijapur Naka Police Station, District Solapur, for offences under Sections 143, 147, 148, 149, 307, 323, 324, 504, 506 of Indian Penal Code, under Sections 3 and 25 of Arms Act and under Section 135 of Maharashtra Police Act.
2.
The case of the prosecution is that while the complainant Ramesh Rathod was proceeding on his motorcycle, about 17 persons obstructed him. Some of them were armed with weapons. They had assaulted the complainant. The complainant preferred an application for anticipatory bail before the Sessions Court, which was rejected.
3.
Learned counsel for applicant submitted that the accused Pravin Pawar and Santosh Gaikwad had preferred applications for anticipatory bail viz ABA No.2778 of 2019 and 177 of 2020, which
2 of 3 909.ABA.226.2020.doc were allowed by order dated 18th December 2019 and 22nd January 2020 by this Court. Te role of applicant is similar to accused who were granted protection u/s 438 of of Cr.P.C by this Court. 4.
Learned APP submitted that the applicant was member of unlawful assembly. He was amongst other persons who had obstructed the complainant and some of them had assaulted. 5.
The perusal of the FIR indicate that about 17 persons who had intercepted the complainant and some of them were armed with weapons had assaulted the complainant. The applicant was undisputedly not armed with weapon. The co-accused Deepak Pawar and Shekhar Jadhav were also allegedly present at the scene of offence and had played a similar role. The applicant and the said accused were not attributed any overt act of assault. The aforesaid accused were granted anticipatory bail by the Sessions Court. 6.
Considering the aforesaid circumstances, case for grant of anticipatory bail is made out. Hence, I pass following order :
ORDER
(i) Criminal Anticipatory Bail Application No.226 of 2020 is allowed and disposed of;
(ii) In the event of arrest of applicant in connection with CR No.620 of 2019 registered with Vijapur Naka Police Station, District Solapur, the applicant be released on bail on furnishing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount;
3 of 3 909.ABA.226.2020.doc (iii) The applicant shall report the Investigating Officer on 3rd, 4th and 5th February 2020 between 10 am and 1 pm, and thereafter as and when called till filing of charge sheet.
(PRAKASH D. NAIK, J.) MST