Raj Mahendra Saroj v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2110 OF 2022 Raj Mahendra Saroj ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr.Advait Shukla i/b Mr.Vinayak Patil for the Applicant. Ms.Rutuja Ambekar, A.P.P. for the State/Respondent. ...

CORAM: BHARATI DANGRE, J.

DATED : 10th AUGUST, 2022 P.C:- 1.

On 04/08/2022, the Investigating Offcer was directed to ascertain the CCTV footage, since the learned counsel for the applicant made a specifc statement that the entire incident is recorded in the CCTV camera.

Learned A.P.P. Ms.Ambekar, specifcally states that she herself had gone through the CCTV footage and the applicant is not seen in the said footage.

2.

Since the CCTV camera has recorded the entire incident,

2/3 13 ABA-2110-22.doc where the applicant is not seen though the complaint attributes a role collectively to all the accused persons as being in possession of iron rod and assaulting Rahul, the statement appears to be contradictory to the recording in the CCTV camera. The applicant, therefore, deserves a protection from arrest and more particularly, on the ground that iron rod, which is alleged to have been used as a weapon of assault, has been recovered from the co-accused. Hence, the following order.

: ORDER :

(a) Application is allowed.

(b) In the event of arrest in connection with C.R.No.381 of 2022 registered with Tulinj Police Station, applicant-Raj Mahendra Saroj shall be released on bail on furnishing P.R. Bond to the extent of Rs.25,000/- with one or two sureties in the like amount.

(c) The applicant shall report to the concerned police station on 12th & 13th August, 2022 between 1.00 p.m. to 3.00 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

3/3 13 ABA-2110-22.doc disclosing the facts to Court or any Police Offcer and shall not tamper with evidence.

( SMT. BHARATI DANGRE, J.)