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Bombay High CourtABA/2486/2022disposed off

Avinash Kumar Bimlesh Ramprasad Soni v. State Of Maharashtra And ANR

2022-09-13Hon'Ble Smt. Justice Bharati Dangre3 pages

1/3 907 ABA 2486-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2486 OF 2022 Avinash Kumar Bimlesh Ramprasad Soni ..

Applicant

Versus

The State of Maharashtra & Anr ..

Respondents ...

Mr. Vishal Deshmukh for the applicant.

Mrs.Rutuja Ambekar, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 13th SEPTEMBER, 2022 P.C:- By the present application, the applicant seek protection from arrest in C.R.No. 179/2020 registered with Malvani police station, in which the charge-sheet has been filed against the co-accused and the applicant has been shown as 'Absconding'. The incident which resulted in registration of the C.R which invoke Sections 452, 323, 324, 503, 504 r/w Section 34 IPC against the two accused persons is in respect of an incident which took place on 26/2/2020.

Perusal of the statement of the complainant which is compiled in the charge-sheet has attributed a role of assaulting him by means of a brick, to the co-accused Sunil.

2/3 907 ABA 2486-22.doc As far as the present applicant is concerned, it is alleged that he had assaulted his father by hands and when they were thrown out of the house, Sunil has assaulted by means of a brick in his head. The injury certificate compiled in the chargesheet refer to three injuries which are simple in nature. Considering the material already compiled in the charge-sheet and the role of the applicant clearly surfacing on record, his custodial interrogation is no more necessary. It is further submitted that Sunil is already released on bail on being arrested. Hence, the following order :-

O R D E R

(a) In the event of his arrest, the Applicant - Avinash Kumar Bimlesh Ramprasad Soni, in connection of C.R.No.179/2020 registered with Malvani police station 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.

(b) 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.

(c) The Applicant shall make himself available as and when required by the Investigating Officer.

3/3 907 ABA 2486-22.doc The Application is allowed in the aforestated terms. ( SMT. BHARATI DANGRE, J.)