← Library
Bombay High CourtABA/419/2023rejected

Vicky Prakash Mehtani v. State Of Maharashtra

2023-02-10Hon'Ble Shri Justice N. R. Borkar2 pages

Digitally signed by DINESH SADANAND SHERLA Date:

2023.02.14 12:51:55 +0500 907-aba-419-23.doc DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 419 OF 2023 Vicky P. Mehtani ...Applicant V/s.

The State of Maharashtra

...Respondent.

Mr. Aadesh Konde Deshmukh for the Applicant.

Mrs.Rutuja Ambekar , APP for the Respondent/State

CORAM

:

N.R. BORKAR, J.

DATE :

10.02.2023.

P.C. :

1.

This is an application under Section 438 of Code of Criminal Procedure for anticipatory bail.

2.

The applicant is apprehending his arrest in Crime No.255 of 2022 registered at Faraskhana Police Station, Pune city for the ofences punishable under Sections 307, 120(B), 201, 143, 147, 148, 149, 506 of the Indian Penal Code and Sections 3 (25) and 4(25) of the Arms Act and Section 37(1)(3) read with 135 of Maharashtra Police Act.

3.

I have heard the learned counsel appearing for the applicant and the learned APP for the respondent / State. 4.

According to the prosecution, on 27 December 2022 at about 7:30 p.m., the present applicant along with other co-accused assaulted the complainant with dangerous weapons on account of previous enmity and attempted to commit his murder. Dinesh S. Sherla 1/2

907-aba-419-23.doc 5.

At the time of alleged incident, the co-accused Rupesh Jadhav was armed with pistol and he fred at complainant. It appears from the statement of co-accused Siddharth Sunil Pangare that the present applicant was riding the motorcycle on which the said co-accused Rupesh Jadhav was pillion rider. 6.

The prosecution has collected the CCTV footage of the alleged incident. According to the prosecution, the applicant was part of unlawful assembly is apparent from the said CCTV footage. 7.

Considering the overall facts and circumstances of the case, I am not inclined to grant anticipatory bail to the applicant. Hence, the anticipatory bail application is rejected. [N.R.BORKAR, J.] Dinesh S. Sherla 2/2