Nilesh Jaysing Bhor v. The State Of Maharashtra

11) ABA987-16 sas

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.987 OF 2016 Nilesh Jaysing Bhor ..Applicant.

V/s.

State of Maharashtra ..Respondent.

Mr.Kartik S. Garg for the applicant.

Mr.S.S.Pednekar, APP for respondent-State.

CORAM : A.M.BADAR, J.

DATED : 29TH JUNE, 2016 P.C. :- 1.

Heard the learned counsel appearing for the applicant as well as the learned APP. Perused the F.I.R. as well as papers of investigation. Informant Dattraray Sable on 18th April, 2016 alleged that at about 3.00 a.m. of 18th April, 2016 he and his family members saw fire at the front door of his residential house apart from smell of petrol. He also noticed two bottles containing petrol at the front portion of his house. The informant apprehended that as he lodged complaint against the present applicant and co-accused in respect of selling seeds and fertilizers, the applicant and co1/2

11) ABA987-16 accused might have committed the mischief by setting fire to the front door of his house.

2.

It is seen that the F.I.R. is based only on the basis of inferences and surmises of the informant. During investigation also, nothing has come on record of the investigator to show any active complicity of the present applicant in the commission of the crime in question. Hence the order:- (i) The application is allowed;

(ii) The order dated 14th June, 2016 is confirmed on the same terms and conditions;

(iii) The application is disposed of accordingly.

(A.M.BADAR, J.) 2/2