Bibhishan Devidas Yadav And ANR v. State Of Maharashtra

20-aba-2952-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2952 OF 2021 Bibhishan Devidas Yadav and Another ...Applicants vs.

The State of Maharashtra

...Respondent

Mr. Krishna Sarkate, for the Applicants Mr. Y.Y. Dabake, APP, for the State.

VISHAL SUBHASH PAREKAR CORAM :

N. J. JAMADAR, J.

DATE :

JUNE 22, 2022 VISHAL SUBHASH PAREKAR Date: 2022.06.23 11:53:52 +0530 P.C.:

1.

Heard the learned counsel for the parties.

2.

By an order dated 9th December, 2021 this Court was persuaded to grant interim pre-arrest bail to the applicants. 3.

The learned counsel for the applicants invites attention of the Court to an order passed by this Court in Anticipatory Bail Application No. 35 of 2022 dated 12th January, 2022 whereby Arun Sopan Yadav, the alleged principal assailant, was granted pre-arrest bail. This Court had noted that the first informant/victim had sustained a simple injury which was treated in OPD. 4.

Learned APP fairly submitted that principle of parity will apply.

5.

In any event, having regard to the nature of the offence, the custodial interrogation of the applicants does not seem warranted. Vishal Parekar ...1

20-aba-2952-2021.doc Possibility of fleeing away from justice also seems to be remote. Hence, I am inclined to make the order of interim pre arrest bail absolute on the terms and conditions incorporated therein. 6.

In addition, the applicants shall regularly attend the proceedings, before the jurisdictional Court. 7.

Ordered accordingly.

8.

Application disposed.

(N. J. JAMADAR, J.) Vishal Parekar ...2