Sagar Arjun Deore And ORS. v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2525 OF 2022 Sagar Arjun Deore And Ors.

...Applicants

Versus

State Of Maharashtra

...Respondent

....

Mr. Anandmaya Dhorde, Advocate for the Applicant. Mr. N. B. Patil, APP for the Respondent - State. Mr. U. N. Rajput, API, Yeola Police Station present.

CORAM

:

PRAKASH D. NAIK, J.

DATE :

10th October, 2022.

PER COURT :

1.

The applicants is apprehending arrest in C.R. No.640 of 2021 registered with Yeola Police Station, Nashik Rural for the offences punishable under Sections 143, 147, 149, 323, 327, 504 and 506 of the Indian Penal Code.

2.

The First Information Report was registered on 30th November, 2021. The FIR indicates rivalry between the complainant and the accused. There are disputes relating to the property pending in Civil Court and Tehsildar. The incident dated 23rd October, 2021 relates to assault and alleged taking away of the articles from the house of complainant.

3.

The FIR was lodged after the period of 37 days from the of

incident. While granting interim relief vide order dated 14th September, 2022, this Court has observed that, apart from the fact that there is delay of 37 days in lodging FIR, false implications cannot be ruled out in view of the informant and earlier rival complaint. The applicant was directed to report Investigating Officer.

4.

Learned APP submitted that, there are criminal antecedents against applicant.

5.

It is not disputed that, the applicant has complied the direction of reporting Investigating officer. There is delay in lodging FIR. Considering the nature of allegations. The applicant needs to be subjected to custody.

6.

The learned counsel for the applicant has submitted that the cases are inter-se between the parties.

ORDER

(i) Criminal Anticipatory Bail Application No. 2525 of 2022 is allowed.

(ii) In the event of arrest of the applicant in connection with C. R. No.640 of 2021 registered with Yeola Police Station, Nashik Rural for the offences

punishable under Sections 143, 147, 149, 323, 327, 504 and 506 of the Indian Penal Code, applicants be released on bail on executing P.R. Bond in the sum of Rs.25,000/- each with one or more sureties in the like amount. (iii) The applicant shall attend Investigating Officer as and when directed by the Investigating Officer. (iv) The applicants shall not directly or indirectly try to influence the prosecution witnesses and tamper with the evidence.

(v) Criminal Anticipatory Bail Application disposed off.

(PRAKASH D. NAIK, J.)