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Bombay High CourtABA/2922/2021disposed off

Tushar Shakti Chavan v. State Of Maharashtra

2022-02-18Hon'Ble Shri Justice C.V. Bhadang3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.2922 OF 2021 Tushar Shakti Chavan ...Applicant Vs.

The State of Maharashtra ... Respondent ---- Mr.Shreyas P. Barsawade for the Applicant.

Mr.A.R. Kapadnis,APP for the Respondent-State. Mr.Ganesh Kharge, API, Hinjewadi Police Station, PimpariChinchwad. ---- CORAM : C.V. BHADANG, J.

by NILAM SANTOSH KAMBLE Date: 2022.03.15 10:42:52 +0530 NILAM SANTOSH KAMBLE DATE : 18 FEBRUARY 2022 P.C.

.

The Applicant, apprehending arrest, in connection with the investigation of Crime No.527 of 2021 registered with Hinjewadi Police Station, under Section 307, 323, 143, 144, 148, 149, 506 of Indian Penal Code and section 4/25 of the Arms Act, 1959 is seeking anticipatory bail.

2.

I have heard the learned counsel for the parties. Perused record.

3.

Prima facie it appears that as per the complaint dated 25 July 2021 lodged by Jitesh Shantaram Raste who is injured in this case is that the applicant had assaulted him on his stomach by N.S. Kamble page 1 of 3

kick blows. Except this there are no allegations or overtact attributed to the Applicant.

4.

Considering the nature of the allegations this Court on 9 December 2021 had granted interim protection. The incident is alleged to have happened on account of the fact that one Umesh Rajwat who is friend of the Applicant was found urinating near the Durga Devi Temple. Apart from the fact that the incident has happened on the spur of moment, the only allegation against the Applicant is about an assault by kick blows on the stomach of the injured. I have also perused the injury report of the first informant.

5.

Considering the overall circumstances, the following order is passed.

ORDER

(i) In the event of his arrest in connection with investigation of Crime No.527 of 2021 registered with Hinjewadi Police Station, the applicant shall be released on bail on executing a P.R. Bond in the sum of Rs.25,000/- with one or two solvent sureties in the like amount.

(ii) The applicant shall report to the Investigating Officer on 24 and 25 February 2022 between 11.00 N.S. Kamble page 2 of 3

am to 1.00 p.m. and as and when called by the investigating officer and shall co-operate with the Investigating Agency.

C.V. BHADANG, J.

N.S. Kamble page 3 of 3