Vishal Mohan Nayak v. State Of Maharashtra

by SATISH RAMCHANDRA SANGAR Date:

2024.05.10 14:34:50 +0530 9-ABA-1603-2023.doc SATISH RAMCHANDRA SANGAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1603 OF 2023 Vishal Mohan Nayak ...Applicant vs.

The State of Maharashtra and Anr.

...Respondents

***** Mr.Rohan Hogle:- Advocate for Applicant.

Mr.V.N.Sagare:- APP for Respondent No.1-State.

Mr.D.H.Kharat - API:- Rabale Police Station.

***** CORAM : S. M. MODAK, J.

DATE : 8th MAY 2024 P. C. :- 1.

Heard learned Advocate for the Applicant and learned APP. The Officer is present.

2.

This Court after hearing both the sides has granted an interim protection on 15th June 2023. I am inclined to confirm it. I will give the reasons.

3.

The FIR is filed with the Rabale Police Station on 10th January 2023 for the offences of rioting and 326 of IPC and other Sections. 17 persons were described but only 3 are named. Others are unknown. Satish Sangar 1/2

9-ABA-1603-2023.doc The Applicant is Accused No.1. This incident took place on 7th January 2023 at about 12.30 p.m. Whereas, there is already non cognizable complaint registered at the instance of the mother of Applicant on 7th January 2023. The mother has also complained the same Police Station. (Page No.39). Secondly, in the history given by the FirstInformant to the doctors, he has stated injury is due to fall. Thirdly, the First-Informant has consented for grant of anticipatory bail and it is recorded in Para No.6 of the order of refusal passed by the Court of Additional Sessions Judge - Belapur on 10th May 2023. So, there is a ground of recovery of weapon. The attendance condition was not imposed while granting interim protection. So, let us impose that condition. The interest of the Prosecution will be protected. Hence, order:-

O R D E R

(i) The order dated 15th June 2023 is confirmed subject to giving attendance by the Applicant to Rabale Police Station on 14th May, 21st May and 28th May 2024 from 10.00 to 12.00 noon.

4.

In view of that, Application is disposed of.

[S. M. MODAK, J.] Satish Sangar 2/2