Balu Barku Bhoir v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1285 OF 2021 Balu Barku Bhoir ... Applicant

Versus

The State of Maharashtra ... Respondent .....

Mr. Monish Bhatia, Advocate for the Applicant. Mr. S. S. Pednekar, APP for the Respondent - State. .....

CORAM

:

PRAKASH D. NAIK, J.

DATE :

21st JUNE, 2021 PER COURT :

1.

This is second application for anticipatory bail. The previous application was heard by this Court and the said application was withdrawn vide order dated 25th February, 2020. 2.

The applicant is apprehending arrest in C.R. No. I-448 of 2019 registered with Kalyan Taluka Police Station, Dist. Thane, for offences under Sections 326, 324, 504 & 506 r/w Section 34 of Indian Penal Code (for short "IPC") and subsequently Section 307 of IPC was added.

3.

Learned counsel for the applicant submitted that, no specific role is attributed to the applicant. Co-accused Sachin Balu

Bhoir was granted bail by this Court vide order dated 5th March, 2021. Custodial interrogation of the applicant is not necessary. On account of Covid situation bail may be granted to the applicant. 4.

Learned APP submitted that, specific overt act has been attributed to the applicant. Previous application was withdrawn, since the Court was not inclined to grant relief. He is absconding. The co-accused was granted regular bail after his arrest. There is no change in circumstance to entertain this application. 5.

The First Information Report (for short 'FIR') was registered on 17th September, 2019. The applicants' involvement is disclosed in the FIR. The applicant had preferred an application for anticipatory bail before this Court which was withdrawn on 25th February, 2020. The application for anticipatory bail was rejected by the Sessions Court on 14th February, 2020. After withdrawal of the application before this Court, the applicant preferred another application for anticipatory bail before the Sessions Court which has been rejected vide order dated 6th July, 2020. After a period of almost one year, the applicant has preferred this application before this Court. There is evidence showing involvement of applicant. There is no ground to entertain this application. Hence, no case for grant of anticipatory bail is made out.

ORDER

Anticipatory Bail Application No. 1285 of 2021 is rejected and stands disposed of accordingly.

(PRAKASH D. NAIK, J.)