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Bombay High CourtABA/342/2023allowed

Ravi Indramani Gupta v. State Of Maharashtra

2023-02-06Hon'Ble Shri Justice M. S. Karnik4 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.342 OF 2023 Digitally signed by PRADNYA MAKARAND BHOGALE Date:

2023.02.06 17:09:54 +0530 Ravi Indramani Gupta ..Applicant VS.

The State of Maharashtra ..Respondent ------------ Adv. Girish M. Agarwal for the Applicant.

Mr. S. H. Yadav, APP for the State.

Mr. Hemant Gite, API, Kandivali Police Station is present. ------------ CORAM : M. S. KARNIK, J.

PRADNYA MAKARAND BHOGALE DATE : FEBRUARY 6, 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 324, 506(2), 143, 144, 147, 148, 149, 323, 504 of the Indian Penal Code, 1860 and under Sections 37(1)(A) and 135 of the Maharashtra Police Act in connection with C.R. No.526 of 2018 dated 10/10/2018 registered with Kandivali Police Station.

3.

There are in all eight accused. It is alleged that the complainant was assaulted by eight accused which resulted 1/4

in he suffering injuries and therefore the aforesaid offence came to be registered against the accused. So far as the present applicant is concerned, it is alleged that he assaulted the injured with a bamboo on his legs and back. The main assailant who caused the injury has been released on bail. One of the co-accused- Shivshankar Bajarangi Prasad Mishra is alleged to have assaulted the injured with fists and kicks blows has been released by the Sessions Court on anticipatory bail.

4.

Considering the nature of the accusations, the custodial interrogation of the applicant, in my opinion, is not necessary. The applicant to co-operate with the investigation. The date of the incident is 09/10/2018. The applicant was shown to be absconding. Nothing is to be recovered from the applicant.

5.

Learned counsel for the applicant on instructions submits that the applicant is willing to appear before the Investigating Officer and co-operate. There are no criminal antecedents reported against the applicant.

6.

Hence, the following order :- 2/4

O R D E R

(a) Application is allowed.

(b) In the event of arrest in connection with C.R. No.526 of 2018 registered with Kandivali Police Station, the applicant-Ravi Indramani Gupta 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 09/02/2023, 10/02/2023 and 11/02/2023 between 11.00 a.m. and 2.00 p.m. and thereafter as and when called.

(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 3/4

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.

7.

The Anticipatory Bail Application stands disposed of. (M. S. KARNIK, J.) 4/4