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Bombay High CourtABA/875/2022allowed

Rajesh Rajpal Bagdi @ Nannu v. State Of Maharashtra

2022-04-04Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 875 OF 2022 Rajesh Rajpal Bagdi @ Nannu .... Applicant v/s.

The State of Maharashtra .... Respondent Mr. Narayan Ganesh M. Nadar for the Applicant. Mr. S.H. Yadav, APP for the State.

Ms. Deepali Suresh Ligade, PSI, Oshiwara Police Station. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 04th APRIL, 2022.

P. C. :- .

This is an Application under section 438 of Cr.P.C. filed by the aforesaid Applicant for pre-arrest bail in FIR No.88/2022 registered at Oshiwara Police Station for offences punishable under sections 425, 504, 506(II) of the Indian Penal Code and sections 4, 25 of the Arms Act, 1959.

2.

Heard Mr. Narayan Ganesh M. Nadar, learned counsel for the Applicant and Mr. S.H. Yadav, learned APP for the State. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties.

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3.

The aforesaid crime was registered pursuant to the First Information Report (FIR) lodged by Bharat Gangadhin Yadav. He has stated that on 21/02/2022, at about 03:10 p.m., he had seen the Applicant damaging his car and several other cars which were parked near City Mack Building, Reliefroad, near Patliputra Nagar, Jogeshwari (W), Mumbai. He has stated that the Applicant had also threatened him and others.

4.

Learned APP has stated that in all 08 cars were damaged and that damages are assessed at Rs.40,000/-. Mr. Nadar, learned counsel for the Applicant states that the Applicant shall deposit an amount of Rs.50,000/- before the trial Court within a period of two weeks and furnish the receipt before the Investigating Officer. He further states that the Applicant will have no objection if Rs.40,000/- is paid to the respective owners as per the damages assessed by the prosecution. 5.

In the light of the said statement and also considering the nature of the accusations, in my considered view, the Applicant is entitled for pre-arrest bail. Hence, the Anticipatory Bail Application is allowed on following terms and conditions :- 2/3

(a) In the event of arrest of the Applicant in FIR No.88/2022 registered at Oshiwara Police Station, he shall be released on bail on furnishing bail bonds in the sum of Rs.30,000/- with one or two sureties in the like amount ; (b) The Applicant shall report to the Investigating Officer for four days from 11/04/2022 between 11:00 a.m. to 02:00 p.m.

(c) The Applicant shall not interfere with the complainant and other witnesses in any manner ;

(d) The Applicant shall keep the Investigating Officer informed of his current address and mobile contact numbers, and/or change of residence or mobile details, if any, from time to time.

6.

The Application stands disposed of.

PREETI H JAYANI by PREETI H JAYANI Date: 2022.04.07 18:06:27 +0530 (SMT. ANUJA PRABHUDESSAI, J.) 3/3