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Bombay High CourtABA/619/2023disposed off

Siddharth Gyansingh Yadav v. State Of Maharashtra

2023-03-01Hon'Ble Shri Justice M. S. Karnik3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.619 OF 2023 Siddharth Gyansingh Yadav ..Applicant VS.

The State of Maharashtra ..Respondent ------------ Adv. Harideep Singh for the Applicant.

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

------------ CORAM : M. S. KARNIK, J.

DATE : MARCH 1, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail by the applicant in connection with First Information Report (FIR) No.60 of 2023 dated 27/01/2023, registered with Kandivali Police Station, under sections 379, 427, 425, 441, 442,506, 120-B and 34 of the Indian Penal Code, 1860.

3.

It is alleged by the first informant that he is in possession of rooms 1 and 8 of the disputed chawl. It is alleged that the applicant is a sub-contractor and has broken the lock of rooms 1 and 8 and committed theft of the 1/3

wooden frames of the window and main door. The FIR was filed on 27/01/2023 in respect of the incident which happened on 01/10/2022.

4.

There is a delay in lodging of FIR. Moreover, it is seen that the applicant has no interest in the suit structure. The applicant is a contractor. The demolition notice has been issued by the corporation since the structure in question is a dilapidated structure. There are disputes between the complainant and the owner/landlord pending before the competent Courts. The applicant appears to have proceeded with the demolition of the structure in view of the notice issued by the corporation on instructions of the landlord. The case for the grant of anticipatory bail is made out. The custodial interrogation is not required. Hence, the following order.

O R D E R

(a) In the event of arrest in connection with FIR No.60 of 2023, registered with Kandivali Police Station, the applicant- Siddharth Gyansingh Yadav, shall be released on bail on furnishing P.R. Bond to the extent of Rs.15,000/- with one or more sureties in the like amount;

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(b) The applicant shall report to the concerned police station on 08/03/2023 and 09/03/2023 between 11.00 a.m. and 1.00 p.m. and thereafter as and when called;

(c) The applicant to co-operate with the Investigating Officer;

(d) 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 Police Officer and shall not tamper with evidence;

(e) The applicant shall furnish the details of their residential addresses and phone numbers to the investigating officer.

5.

The application stands disposed of.

(M. S. KARNIK, J.) 3/3