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Bombay High CourtABA/1946/2021allowed

Jayshree Anil Kachre And ANR. v. The State Of Maharashtra

2021-09-14Hon'Ble Shri Justice Prakash D. Naik2 pages

Ethape 1 56-ABA-1946-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1946 OF 2021 Jayshree Anil Kachre & Ors.

.. Applicants Vs.

The State Of Maharashtra .. Respondent ...

Mr.Amar Bhat, i/b Ulhas More, Advocate for Applicants. Mr.R.M.Pethe, A.P.P. for the State-Respondent. H.C. Mr. P.M. Shinde, Kalyan Taluka Police Station present. ...

by DNYANESHWAR ASHOK ETHAPE Date: 2021.09.16 14:23:41 +0530 DNYANESHWAR ASHOK ETHAPE CORAM : PRAKASH D. NAIK, J.

DATE : 14th SEPTEMBER, 2021 PC.

1.

This is an application for anticipatory bail in C. R. No.335 of 2021 registered with Kalyan Taluka police Station for the offence under Sections 327, 452, 323, 427, 143, 147, 149 of Indian Penal Code. The FIR was lodged on 07.06.2021. 2.

The complainant has alleged that several persons including the applicants had entered into the premises of the complainant. The complainant and others were assaulted. The role attributed to the applicant No.1 is that she has assaulted by fist and kick blows. The applicant No.2 has been named as one of the person who had entered into house. However, no specific overt act has been attributed to him.

Ethape 2 56-ABA-1946-2021 3.

Learned APP submitted that investigation is in progress. The applicants name in the FIR. They have participated in the offence.

4.

On perusal of the FIR, it is apparent that role attributed to the applicants in that allegedly they had entered into the premises of the complainant. They were not armed with weapon. No specific overt act has attributed to the applicant No.2 and applicant No.1 has allegedly assaulted by fist and kick blows. Considering the nature of the allegations against the applicants, they need not be subjected to custodial interrogation. .

O R D E R

(i) Anticipatory Bail Application No.1946 of 2021 is allowed;

(ii) In the event of arrest of applicants in C.R. No. 335 of 2021 registered with Kalyan Taluka Police Station, the applicants be released on bail on furnishing P. R. Bond in the sum of Rs. 25000/-, each with one or more sureties in the like amount;

(iii) The applicants shall report Investigating officer On 22nd, 23rd and 24th September 2021 between 11.00 am to 01.00 pm and thereafter as and when called for till filing of charge-sheet.

(PRAKASH D. NAIK, J.)