Mayur Kondiba Waghaskar And ANR v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1704 OF 2022 Mayur Kondiba Waghaskar & Anr.

..Applicants

Versus

The State of Maharashtra ..Respondent Mr. Shailesh Kharat i/by Nagesh S. Khedkar, for the Applicants. Ms. Sharmila S. Kaushik, APP for the Respondent/State. Mr. Sachin Nikam, Sinhgad Police Station - present CORAM :

NITIN W. SAMBRE, J.

DATED :

23rd September, 2022 P.C.:

1.

In compliance with the order dated 14/09/2022 the explanation tendered by the senior police inspector of Sinhgad Police Station is taken on record.

2.

The applicants are seeking pre-arrest bail in crime no. 27 of 2022 registered with Sinhgad police station for the offence punishable under sections 363 & 364A of IPC.

3.

The case of the prosecution is, Rahul, had certain loan transactions with main accused-Sunny at whose behest the complainant was kidnapped on 10/01/2022 and released on 14/01/2022. During such period of kidnapping, the victim alleged to have been assaulted by the applicant alongwith the co-accused. 4.

The fact remains that the victim alleged to have been kidnapped on 10/01/2022 whereas the missing complaint is of 14/01/2022. From akn 1/2

2/2 9.ABA.1704.2022 .doc 10th to 14th January, 2022 no steps are taken by complainant's family members or his friends for lodging any missing complaint. 5.

Apart from above, there are vague allegations against the applicants of assault.

6.

Even from the records it is difÏcult to infer that the applicants have played any active role in the commission of the offence. 7.

That being so, ad-interim protection ordered by this Court dated 29/06/2022 stands confirmed.

8.

In the event of arrest of applicants in crime no. 27 of 2022 registered with Sinhgad police station for the offence punishable under sections 363 & 364A of IPC, applicants be released on bail on furnishing P.R. bond in the sum of Rs.25,000/- each with one or more sureties in the like amount.

9.

The applicants shall attend the Investigating OfÏcer from 26/09/2022 to 30/09/2022 between 10.00 a.m. to 12.00 noon and thereafter as and when directed.

10.

The applicants shall neither tamper with evidence nor influence the witnesses in any way.

by ANANT KRISHNA NAIK Date:

2022.09.26 20:15:20 +0530 ANANT KRISHNA NAIK (NITIN W. SAMBRE, J.) akn 2/2