Vinod Magan Waghela v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.328 OF 2021 Vinod Magan Waghela Applicant versus The State of Maharashtra Respondent Mr.Vijay R. Sahetia for applicant.

Mrs.Veera Shine, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 12th February 2021 PC :

1.

This is an application for anticipatory bail in CR No.439 of 2020 registered with RCF Police Station for offences under Sections 326, 324, 509 r/w 34 of Indian Penal Code. The FIR was lodged on 23rd December 2020. Subsequently Section 304 has been invoked. 2.

It is submitted that applicant's name has been mentioned in the FIR, however, it was stated that the applicant' s name was disclosed by one Aayesha Nasim Shaikh who is the friend of complainant. It is submitted that she is anemically disposed of against the applicant. It is alleged that the role attributed to the applicant is that he assaulted by bamboo. Person who assaulted by knife has been arrested and two persons who were attributed role of Manish S. Thatte Manish S. Thatte Date: 2021.03.10 12:12:33 +0530 assaulting by bamboo were arrested. Person assaulted by bamboo stick is released on bail. The injuries sustained by the injured were of simple nature. The applicant need not be subjected to custodial interrogation.

Corrected version of order dated 12-2-2021, pursuant to Speaking to Minutes order dated 3-3-2021

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Hence, I pass following order :

ORDER

(i) Anticipatory Bail Application is allowed and disposed of; (ii) In the event of arrest, the applicant is directed to be released on bail in connection with CR No. 439 of 2020 registered with RCF Police Station, on executing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

(iii) The applicant shall appear before the Investigating Officer on 17th, 18th and 19th February 2021 between 11 am and 1 pm and thereafter as and when called for till filing of charge sheet; (iv) The applicant shall not tamper with evidence and shall not call the complainant and/or any of the witnesses.

4.

this Court. All concerned will act on production by fax or e-mail of a (PRAKASH D. NAIK, J.) MST Corrected version of order dated 12-2-2021, pursuant to Speaking to Minutes order dated 3-3-2021