Bombay High CourtABA/1681/2016anticipatory bail granted

Vivekkumar Rudradev Singh And ANR v. State Of Maharashtra

2016-11-16Hon'Ble Shri Justice Nitin W. Sambre2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1681 OF 2016 Mr. Vivekkumar Rudradev Singh and Ors.

.....Applicants V/s.

State of Maharashtra .....Respondent * * * * * * Mr. Madhur Roy i/by. Mr. Vijay Gaikwad i/by. PRS Legal, Advocate for the applicants.

Smt. Rutuja Ambekar, APP for the respondent, State. CORAM :- N.W. SAMBRE, J.

DATED :- 16th NOVEMBER, 2016.

P.C. :- 1).

The main accused, Ram Kumar is already granted prearrest bail by this Court in Crime No. I-81 of 2016 for offences punishable under Sections 354, 143, 147, 149, 336, 504, 506 Indian Penal Code read with Section 37(1) and 135 of Maharashtra Police Act.

2).

Apart from plea of parity, the learned Counsel for the applicant submits that, custodial interrogation of the applicant is

Rane * 2/2 * ABA-1681-2016 Wednesday, 16.11.2016 sr.no.13 not required having regard to the role of the applicant which is only of accompanying the main accused.

3).

In my opinion, the applicant's case for pre-arrest bail needs to be allowed on the ground that this Court, on 28th August, 2016 has already allowed the prayer for pre-arrest bail of main accused, Ramkumar Singh. Apart from the above, the role attributed to the present applicant to the crime in question appears to be that of only an accomplice. Hence, the application is allowed. 4).

In the event of arrest of the applicants in C.R. No.-I-81 of 2016 registered with Kolsewadi Police Station, Kalyan, the applicants be released on bail on their furnishing P.R. Bond in the sum of Rs.15,000/- (Rs. Fifteen Thousand only) each with one or two separate local sureties in the like amount. 5).

The applicants shall attend the Investigation Officer on Monday and Saturday in two consecutive weeks from today between 11 am to 2.00 p.m. so as to join the process of investigation. 6).

The applicants shall not tamper with evidence and/or influence the witnesses.

(N.W. SAMBRE, J)