Gautam Ratan Pagare v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1909 of 2022 Gautam Ratan Pagare ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr.Amandeep Singh Bolle i/b Charan Penthalia for the applicant. Smt.Veera Shinde, APP for the State.

API M.T. Bandgar from Central police station, Ulhasnagar. CORAM: BHARATI DANGRE, J.

DATED : 15th JULY, 2022 P.C:- The applicant apprehend his arrest in CR.No. 134/2022 registered with Ulhasnagar police station, which invoke Sections 307, 323, 326, 504 r/w 34 and Section 37(1), 37(3), 135 of the Maharashtra Police Act.

Heard learned counsel for the applicant and perused the material compiled in the charge-sheet, since the charge-sheet has been filed against the other accused persons are concerned. The complainant reported to the police station that the present applicant along with two co-accused abused him on account of previous animosity and questioned him as to why he

2/3 901 ABA 1909-22.doc had entered into their area. After the quibble, it is alleged that accused Gautam and Mehmood assaulted him by fists and blows, whereas Rahul and Akshay assaulted in his head, back, chest with the pointed weapon like knife, which resulted into a bleeding injury. The medical report of the applicant is placed on record two simple injuries, one in form of stab injury of size 1 x 5 x 5 c.m on the lateral aspect of right lumbar region which is said to be reflected by a sharp weapon and second injury is CLW for parietal region which is attributed to a blunt object. Both the injuries are simple injuries.

Considering the limited role attributed to the present applicant in the complaint, and when the investigation is complete and charge-sheet has been filed against the accused persons who are attributed a major role, custodial interrogation is not warranted. He is further expected to co-operate with the investigation by reporting to the police station. Hence, the following order :- : ORDER :

(a) Application is allowed.

(b) In the event of arrest in connection with C.R.No.134/2022 registered with CENTRAL police station, the applicant Gautam Ratan Pagare shall be released on bail on furnishing P.R. bond to the extent of Rs.25,000/- with one or two sureties of the like amount.

3/3 901 ABA 1909-22.doc (c) The applicant shall report to the concerned police station on 198th and 19th July 2022 between 2.00 p.m to 5.00 p.m and thereafter as and when called for. (d) The applicant 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.

( SMT. BHARATI DANGRE, J.)