Priyanka Rahul Sawant v. State Of Maharashtra

Nikita

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION NIKITA KAILAS DARADE ANTICIPATORY BAIL APPLICATION NO.2031 OF 2023 NIKITA KAILAS DARADE Date: 2023.07.24 17:53:28 +0530 Priyanka Rahul Sawant ... Applicant V/s.

The State of Maharashtra ... Respondent Mr. Abhijit Pawar, for the Applicant.

Mr. Rutuja Ambekar, APP for the State/Respondent.

CORAM

: AMIT BORKAR, J.

DATED : 24 JULY, 2023 P.C.:

1.

Apprehending arrest in connection with C.R. No.0316 of 2023, registered with Jat police station, Sangle for the offences punishable under Section 143, 147, 148, 323, 324, 327, 504, 506 and 427 of the Indian Penal Code, 1860, the applicant has filed present anticipatory bail application seeking relief of pre-arrest bail under Section 438 of the Code of Criminal Procedure, 1973. 2.

According to prosecution, the informant is working as chairman of one Sambodhi Samuh, saving group (Bachatgat) which is under the scheme developed by the State Government. On 24, May 2023, it was decided to disburse sanctioned loan amount in favour of member of Bachatgat. On 24th May 2023, at 3.30 when the informant was on the spot of incident for disbursing the amount to members of Sambodhi Samuh Bachatgat, the

applicant along with other co-accused objected on informant and members present at that place. It is alleged that the applicant along with other co-accused assaulted the informant by holding her hair.

3.

Applicant, therefore, filed application under Section 438 of Cr.P.C. before learned Sessions Judge which came to be rejected by order dated 16th June 2023. Aggrieved thereby, the applicant has filed the present anticipatory bail application. 4.

On perusal of the report and material on record, it appears that the role attributed to applicant is only to the extent that they assaulted the informant by holding her hair. There is no mention of grievous injury nor serious injury caused to the informant. Considering the nature of allegations against the applicant, custodial interrogation of applicants is not necessary. Hence following order:

a) In the event of arrest of applicant in connection with C.R. No.0316 of 2023, registered with Jat Police Station, Sangali for the offences punishable under Section 143, 147, 148, 323, 324, 327, 504, 506 and 427 of IPC, she be released on bail on furnishing P.R. bond of Rs.25,000/- along with one or two sureties in the like amount.

b) Applicant shall remain present before the concerned police Station on 26th and 28th July 2023, and 1st August 2023 between 11.00 am to 2.00 pm, and thereafter, as and when called by the investigating officer.

c) Applicants shall not directly or indirectly make any

inducement, thereat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer. d) Applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police. e) Applicant shall, at the time of execution of the bond, furnish their address and mobile number to the investigating officer, and the Court concerned, and shall not change the residence till the final disposal of the case. 5.

The anticipatory bail application stands disposed of in above terms. No costs.

(AMIT BORKAR, J.)