Aatish Sunil Satpe v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2890 OF 2022 Aatish Sunil Satpe ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr.Anil Kamble for the Applicant.

Mr.S.V.Gavand, A.P.P. for the State/Respondent. PSI Ankush Varungale, attached to Kalyan Taluka Police Station, present.

...

CORAM: BHARATI DANGRE, J.

DATED : 17th OCTOBER, 2022 P.C:- 1.

At the outset, learned A.P.P. states that the applicant is similarly situated as co-accused Vijay Subhash Gaikwad in C.R.No.570 of 2021 and he was granted protection from arrest by this Court on 31/03/2022 (Anticipatory Bail Application No.708 of 2022). He also states that, on completion of investigation, charge-sheet has been fled.

2.

I have heard learned counsel for the applicant, perused the order as well as the F.I.R..

2/3 912 ABA-2890-22.doc The prosecution case, which surfaces from the report lodged by one Sachin Patil is, on 01/11/2021, 10 to12 persons formed an unlawful assembly and they were armed with weapons and they assaulted the complainant in order to cause his death.

Undisputedly, the applicant is not named by the injured or any of the witnesses and his name is also not surfacing in the F.I.R. Though the CCTV footage has been retrieved, the incident is not clearly seen in the said footage. Learned A.P.P. fairly makes a statement that the applicant has not been identifed by any of the injured or the witnesses, whose statements are recorded till date.

In the wake of the above, the applicant deserve similar protection as co-accused-Vijay Subhash Gaikwad. Hence, the following order.

: ORDER :

(a) Application is allowed.

(b) In the event of arrest in connection with C.R.No.570 of 2021 registered with Kalyan Taluka Police Station, District Thane, applicant-Aatish Sunil Satpe shall be released on bail on furnishing P.R. Bond to the extent of

3/3 912 ABA-2890-22.doc Rs.30,000/- with one or two solvent sureties in the like amount.

(c) The applicant shall report to the concerned police station for a period of four days from 20/10/2022 to 23/10/2022 between 11.00 a.m. to 2.00 p.m. and, thereafter, as and when called for.

(d) The applicant shall keep the Investigating Offcer informed of his current address and mobile contact number, and/or change of residence or mobile details, if any, from time to time.

(e) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Offcer and shall not tamper with evidence.

( SMT. BHARATI DANGRE, J.)