Rakesh Ramesh Khairnar v. State Of Maharashtra

25-wp-735-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.735 OF 2022 Rakesh Ramesh Khairnar ..

Applicant.

v/s.

State of Maharashtra ..

Respondent.

Mr. Rupesh Geete i/b. Satyaki Law Associates, for the Applicant. Mr. R. M. Pethe, APP for the Respondent-State. API Ashish S.Rohi, Ramzanpura Police Station, Nashik (Rural) present.

Digitally signed by SMITA RAJNIKANT JOSHI Date:

2022.04.18 19:07:31 +0530 CORAM: VINAY JOSHI, J.

DATED : 18th APRIL, 2022.

SMITA RAJNIKANT JOSHI P. C.

:

Heard Mr. Geete, the learned Counsel for the Applicant and Mr. Pethe, learned APP for the State.

In anticipation of arrest in Crime No. 21 of 2022 registered with Ramzanpura Police Station, District Nashik for the offences punishable under Sections 408 and 420 r/w Section 34 of Indian Penal Code, the Applicant is seeking for pre-arrest protection.

This Court has granted interim protection to the Applicant vide order dated 21st March, 2022. There is no compliant about Applicant's attendance to the police station as per interim order. The state resistant the application by contending that the Applicant has played major role in the crime and there is a statement of co-accused.

S.R.JOSHI

25-wp-735-2022.doc Perused the police report and related documents. Over all it is allegation that at the instance of Applicant, electric meter was un-authorizedly installed at a different places, by which, theft of electricity was committed.

As per contents of the FIR, the Applicant is employee of one Company who has been assigned the job of taking electric meter reading. During the raid, it was found that an electric meter was illegally installed at one Plastic Factory. The only allegation is that Applicant has instructed the employee of installing company to fix the meter at said factory. Though, there is a statement of coaccused, however, it is matter of trial. The Applicant has already attended Police Station and co-operated the Investigating Agency. Nothing has to be seized at the instance of the Applicant. Having regard to the said fact, the following order:- (i) Anticipatory Bail Application No.735 of 2022 stands allowed.

(ii) The ad-interim order dated 21st March, 2022 is hereby made absolute on same terms and conditions.

(iii) Henceforth, the Applicant shall attend the concerned Police Station on every Monday between 10.00 am. to 12.00 noon till filing of charge-sheet or for the period of 90 days whichever is earlier.

(iv) Anticipatory Bail Application stands disposed in above terms.

(VINAY JOSHI, J.) S.R.JOSHI