← Library
Bombay High CourtABA/1088/2020disposed off

Shashikant Arunkumar Upadhyay And ORS v. The State Of Maharashtra And ORS.

2022-09-20Hon'Ble Smt. Justice Bharati Dangre2 pages

(911)ABA-1088-2020.doc rajshree

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1088 OF 2020 Shashikant Arunkumar Upadhyay & Ors.

] ..

Applicants vs.

State of Maharashtra & Anr.

] ..

Respondents Mr.S.H. Bohra, for the Applicant.

Smt.Anamika Malhotra, APP for the State.

PN V.A. Javare, Achole Police Station present. CORAM :

BHARATI DANGRE, J DATE :

20th SEPTEMBER, 2022.

P.C.

1] The Applicants face accusation in CR No.I-1184/2019 registered with Tulinj Police Station on 19.10.2019 and it invoke offence under section 452, 447, 504 and 506 of the Indian Penal Code. 2] On 18.01.2021 while issuing notice to the complainant the Court recorded that both sides have initiated proceedings against each other and till next date the Applicants were protected from arrest. This order continued from time to time and remain in force even on date. 3] When asked about need of custodial interrogation of the Applicants at this stage in September, 2022, the learned APP states that the complainant is now in possession of the property. She makes a categorical statement on instructions of the Investigating Officer who 1/2

(911)ABA-1088-2020.doc is present in the Court that custodial interrogation of the Applicants is not necessary.

4] In the wake of above, protection granted in favour of the Applicants deserves to be confirmed by following order :

O R D E R

(a) Application is allowed.

(b) In the event of arrest in connection with C.R.No. I-1184/2019 registered with Tulinj Police Station, the applicants Shashikant Arunkumar Upadhyay, Avdesh Kumar Singh, Mithilesh Vinod Singh and Kamlesh Vinod Singh shall be released on bail on furnishing P.R. bond to the extent of Rs.25,000/- each with one or two sureties of the like amount.

(c) The applicants shall report to the concerned police station as and when called for.

(d) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence.

[BHARATI DANGRE, J] 2/2