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Bombay High CourtABA/195/2019anticipatory bail granted

Rohidas Bama Munde v. The State Of Maharashtra

2019-01-22Hon'Ble Shri Justice Prakash D. Naik2 pages

Sknair 921-aba-195-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPICATION NO. 195 OF 2019 Rohidas Bama Munde ... Applicant Vs.

The State of Maharashtra ... Respondent ...

Mr. Viresh Vishwanath Purwant for the applicant. Mr. Prashant Jadhav, APP for the Respondent-State. ...

CORAM : PRAKASH D. NAIK, J.

DATE : 22nd JANUARY, 2019.

P.C.

1.

This is an application for anticipatory bail in connection with CR No. I-674 of 2018 for the offence punishable under Section 353, 504, 506 of Indian Penal Code and Section 138 of Electricity Act registered with Mumbra Police Station, Thane. 2.

Case of the prosecution is that applicant was required to clear arrears in respect to the electricity bills. In view of that electricity connection was disconnected by the officials of MSEB. It is alleged that applicant had reconnected the same on his own and the same was again disconnected. In pursuant to that applicant had allegedly visited the office of MSEB and have threatened the official of MSEB.

3.

Contention of the applicant is that he had made representation to MSEB against the illegal activities of the officials

Sknair 921-aba-195-19.odt of MSEB. It is submitted that there is no evidence in the form of CCTV footage to show that the applicant had visited the office of MSEB and threatened the officials of MSEB. It is also submitted that first information report did not refer to the representation made by the applicant with regards to the electricity charges claimed by the complainant.

4.

Considering the nature of allegations and the circumstances as stated herein above, the custodial interrogation of the applicant is not necessary. Applicant can be directed to co-operate with the investigation by attending the investigating officer.

ORDER

i.

Anticipatory Bail Application is allowed;

ii.

In the event of arrest of the applicant in connection with CR No. 674 of 2018 registered with Mumbra Police Station, 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; iii.

Applicant shall report to the Investigating Officer of the concerned police station on 28th January, 2019 and 29th January, 2019 between 11 a.m. to 1 p.m.;

iv.

Anticipatory Bail Application stands disposed off. ( PRAKASH D. NAIK, J. )