Ajinkya Anant Patil @ Bunty v. The State Of Maharashtra

1 / 5

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.608 OF 2024 Ajinkya Anant Patil @ Bunty .... Applicant versus State of Maharashtra .... Respondent WITH ANTICIPATORY BAIL APPLICATION NO.611 OF 2024 Dipesh Anirudh Mumbaikar & Ors.

.... Applicants versus State of Maharashtra .... Respondent .......

• Mr. Siddharth Gharat a/w Vikrant Khare, Advocate for Applicant in ABA/608/24.

• Mr. Saurabh D. Butala a/w Manvi Sharma, Advocate for Applicant in ABA/611/24.

• Mr. Nitin B. Patil, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL, J.

DATE : 05th MARCH, 2024 P.C. :

1.

Both these applications are decided by this common order because they arise out of the same registered offence. MANUSHREE NESARIKAR MANUSHREE NESARIKAR Date: 2024.03.07 11:39:40 +0530 Nesarikar

2 / 5 2.

The Applicants are seeking anticipatory bail in connection with C.R.No.22/2024, dated 30/01/2024, registered with Uran Police Station, Navi Mumbai, under sections 332, 353, 504 of the Indian Penal Code.

3.

Heard Mr. Siddharth Gharat and Mr. Saurabh D. Butala, learned counsel for the Applicants and Mr. Nitin B. Patil, learned APP for the State.

4.

The FIR is lodged by the Police Constable Pruthviraj Bhamare. He has stated that on 29/01/2024, he was on patrolling duty in Navi Mumbai. They received an information that some persons had caught two suspects in Veshvi village and a mob had gathered there. The informant and others reached there. They saw that there was a mob of about 25-30 persons. They were shouting that the police should register the offence against those suspects and that police should arrest them. The police were trying to pacify the mob. They called more enforcement for protection. Some more police force came there. It is mentioned in the FIR that the Applicant Pranit, Rutik and

3 / 5 Bunty @ Ajinkya Patil were present there. It is mentioned in the FIR that the accused pulled the police officers and manhandled them. The informant and the police constable Patil were manhandled. All of them then went away. The name of the Applicant Pranit, Rutik @ Akshay are also mentioned in the FIR.

5.

Learned counsel for the Applicants submitted that the police are not bringing forward the CCTV footage. The Applicants have not committed the offence. The target was not the police officers, but the mob was angry because the police were not taking action against the suspects. There were many instances of theft in that area and therefore the residents were angry. The mob had no intention to harm the police officers. Both the learned counsel submitted that there are no specific allegations against any of the Applicants.

6.

Learned APP produced the investigation papers before me and he also produced some photographs which show that there was a mob. They were police offices and the accused were

4 / 5 seen was close to each other. Some incident was going on. There are statement of the police constable Rupesh Patil and Pramod Kokate. Both of them have named the Applicant Akshay @ Rutik, Pranit and Dipesh. These accused had pulled and torn clothes of these police officers.

7.

Considering this situation, since a specific role is attributed to the Applicant Pranit, Akshay and Dipesh, they cannot be protected u/s 438 of Cr.P.C. There is only a general allegation as far as the Applicant Ajinkya is concerned. Therefore he can be protected.

8.

Hence, the following order :

O R D E R

(i) Anticipatory Bail Application No.611 of 2024 in respect of the Applicants Dipesh Mumbaikar, Pranit Mumbaikar and Akshay @ Rutik Mumbaikar is rejected.

5 / 5 (ii) In the event of his arrest in connection with C.R.No.22/2024, dated 30/01/2024, registered with Uran Police Station, Navi Mumbai, the Applicant Ajinkya Patil @ Bunty in Anticipatory Bail Application No.608 of 2024, is directed to be released on bail on his furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

(iii) The application stands disposed of accordingly. (SARANG V. KOTWAL, J.)