Amit Sitaram Chamola v. The State Of Maharashtra
Ethape 1 40.ABA.1358.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1358 OF 2021 Shri. Amit Sitaram Chamola .. Applicant Vs.
The State Of Maharashtra .. Respondent -------------------------------------------------------------------------------------- Mr.Amit Singh, Advocate for Applicant.
Mr. H. J. Dedhia, A.P.P. for the State-Respondent. -------------------------------------------------------------------------------------- CORAM : PRAKASH D. NAIK, J.
DATE : 18th JUNE, 2021 PC.
1.
This is an application for anticipatory bail in connection with C.R. No.342 of 2019 registered with Hill Line Police Station, Thane for the offence punishable under Sections 307, 324, 504, 506, 143, 147, 148, 149 read with 34 of Indian Penal Code and Section 37(1) of Maharashtra Police Act. 2.
The First Information Report was registered on 30.09.2019. The complainant has alleged that the applicant and the other accused had assaulted him. The role of specific overt act of assault has been attributed to the applicant. He has assaulted the injured by stone and knife. Applicant has
Ethape 2 40.ABA.1358.2021 stabbed on the abdomen of the injured with knife. 3.
The contention of the learned counsel for the applicant is that the complainant had referred to several persons as assailants. However, his version is not corroborated by medical evidence. Two injuries are sustained by the injured. The injuries are simple in nature. The injured has failed to identify the other assailants.
4.
Learned APP submitted that specific role has been attributed to the applicant. The version of the complainant is corroborated by the medical evidence. The injured has sustained stab injury on the right side of abdomen and CLW on frontal region on scalp. It is further submitted that there are three cases registered against the applicant in the past with Hill Line Police Station vide C.R. No. I-214 of 2013 for the offence punishable under Sections 420, 468 of IPC, C.R No. I 176 of 2015 for offence under Sections 307, 143, 147, 148, 149 of IPC and Section 37(1), 135 of Maharashtra Police Act and C.R. No.104 of 2017 for the offence under Sections 326
Ethape 3 40.ABA.1358.2021 and 307 of IPC.
5.
The first informant has alleged specific role of the applicant having assaulted him with stone and knife. The version of the first informant is corroborated by medical evidence. There are criminal antecedents against the applicant. Considering the factual aspects, no case for grant of anticipatory bail is made out. Hence, the application is rejected.
(PRAKASH D. NAIK, J.)