Chandrakant @ Pintu Hanumant Pawar v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2403 OF 2022 Chandrakant @ Pintu Hanumant Pawar ...Applicant

Versus

State of Maharashtra & Another

...Respondent

...

Mr. Ranjeet M.Pawar for applicant.

Mr. P.H.Gaikwad APP for the State/Respondent No.1. Mr. Advait U.Shukla for Respondent No.2.

PSI Ganesh Patil of Baramati City Police Station. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 1st December, 2022.

P. C. :- This is an application under Section 438 of the Cr.P.C. filed by the applicant apprehending his arrest in C.R.No.372 of 2022 registered with Baramati City Police Station, Dist.Pune for the offences punishable under Sections 143, 147, 294, 354, 395, 504 and 506 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

2.

Heard Mr. Ranjeet M.Pawar, learned counsel for applicant, Mr. P.H.Gaikwad learned APP for the State/Respondent No.1, and Mr.Advait U.Shukla learned Counsel for Respondent No.2. I have 1/3

perused the record and considered the submissions advanced by the learned counsels for respective parties.

3.

The aforesaid crime was registered pursuant to the FIR lodged by Respondent No.2. Respondent No.2 has alleged that on 10/8/2022 the accused formed an unlawful assembly armed with weapons and assaulted and abused her. It is also alleged that the coaccused snatched the Mobile Phone from the daughter of the complainant, who was allegedly recording the incident. 4.

In the FIR as well as supplementary statement, there is no specific role attributed to the applicant. The complainant has stated that the applicant has abused her and her family members. The accusations levelled against the applicant do not justify custodial interrogation.

5.

Further more, the co-accused who had allegedly snatched Mobile Phone from the daughter of the complainant has been granted pre-arrest bail by the co-ordinate Bench of this Court. Considering the nature of the accusations, in my considered view this is a fit case for grant of pr-arrest bail. Hence following order : 2/3

ORDER

1. In the event of arrest of the applicant in Crime No.372 of 2022 registered with Baramati City Police Station, Dist.Pune, he shall be released on bail on execution of PR Bond in the sum of Rs.10,000/- with one or more sureties in the like amount.

2. The applicant shall report to the investigating officer, as and when called.

3. The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case.

4. The Applicant shall keep the Investigating Officer informed of his current address and mobile contact numbers, and/or change of residence or mobile details, if any, from time to time.

5.

The Application is disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) 3/3