Krish Ketan Gangar v. State Of Maharashtra

2023:BHC-AS:30924 32-ABA-1490-23.DOC Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1490 OF 2023 Krish Ketan Gangar ...Applicant Vs.

The State of Maharashtra

...Respondent

Mr. R. Upadhyay, for Applicant.

Mr. M. G. Patil, APP for State.

Mr. Suraj Jagtap, PSI, Naigaon Police Station, present. CORAM:- N. J. JAMADAR, J.

DATED:- 12th OCTOBER, 2023 PC:- 1) Heard the learned Counsel for the applicant and the learned APP for the State.

2) This is an application for pre-arrest bail in connection with C.R. No. 1156 of 2022, registered with Waliv police station, for the offences punishable under Sections 143, 147, 149, 354, 354-B, 324, 323, 504, 506, 452 and 427 of Indian Penal Code, 1860 ("the Penal Code").

3) When the application was listed before the Court on 24th May, 2023, this Court was persuaded to grant interim protection 1/2

32-ABA-1490-23.DOC opining, inter alia, that custodial interrogation of the applicant was not warranted as it appeared, prima facie, that the applicant and the first informant were in a consensual relationship.

4) The learned APP submits that pursuant to the order passed by this Court, the applicant had appeared before the Investigating Officer and co-operated with the investigation. 5) Having regard to the nature of the accusation and the fact that the applicant has been on interim protection for more than 4 months, at this length of time, further custodial interrogation of the applicant does not seem to be warranted. 6) The order of interim bail dated 24th May, 2023 is thus made absolute on the terms and conditions incorporated therein.

7) The applicant shall henceforth appear before the Investigating Officer as and when directed.

8) The applicant shall regularly attend the proceedings before the jurisdictional Court.

9) The application stands disposed.

[N. J. JAMADAR, J.] 2/2