Omkar Arvind Rai v. The State Of Maharashtra

(14)ABA-2302-2022.doc rajshree

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2302 OF 2022 Omkar Arvind Rai & Ors.

] ..

Applicants vs.

State of Maharashtra ] ..

Respondent Mr.Mangesh Ghodke i/b M/s. Kumar & Associates for the Applicants. Ms.Anamika Malhotra, APP for the State.

Mr.Vilas Kalekar, PSI, Samata Nagar Police Station present. CORAM :

BHARATI DANGRE, J DATE :

8th SEPTEMBER, 2022.

P.C.

1] The learned APP has produced on record copy of injury certificate of Satvik Singh. The certificate refer to three injuries in the form of abrasions.

As far as the first injury is concerned, it is in the form of abrasion and local haematoma, and it is found on the left forearm; whereas the second abrasion is on the right arm and third is on the nape of neck. 2] Considering the nature of accusations, which are revealed in the complaint, the complainant has alleged that Applicant Nos.1 and 2 being armed with sword created reign of terror by flashing the sword. The allegation is when both the applicants assaulted the complainant by the rear end of the sword on hands, legs and neck, the injury certificate reflect corresponding injuries, which are simple in nature. 1/2

(14)ABA-2302-2022.doc 3] Considering the nature of injuries, it is suffice that the two Applicants are directed to attend the police station and rendered their co-operation in the investigation.

4] As far as Accused No.3 is concerned, the learned APP fairly states, that he is not assailant, as per the version of the complainant. 5] In the wake of above, Applicants deserve protection. Hence the following order :

ORDER

(a) Application is allowed.

(b) In the event of arrest in connection with C.R.No.1081/2022 registered with Samata Nagar Police Station, the applicants Omkar Arvind Rai, Rohan Abba Saheb Pawar @ Rajesh Abba Saheb Pawar and Nawaz Shaikh @ Shahabaz Firoz Patel 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 applicant shall report to the concerned police station from 14.09.2022 to 16.09.2022 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.

[BHARATI DANGRE, J] 2/2