Pramod Ramavadha Chauhan v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3213 OF 2022 Pramod Ramavadha Chauhan ..Applicant VS.

The State of Maharashtra ..Respondent ------------ Mr. Ritesh M. Thobde a/w Mr. Nilesh Pandey a/w Mr. Kamran S. Shaikh for the Applicant.

Ms. A. A. Takalkar, APP for the State.

Mr. Tejas Sawant, API, Kolsewadi Police Station, Kalyan is present.

------------ Digitally signed by PRADNYA MAKARAND BHOGALE Date:

2023.01.20 18:50:28 +0530 PRADNYA MAKARAND BHOGALE CORAM : M. S. KARNIK, J.

DATE : JANUARY 20, 2023 P.C. :

1.

Heard learned counsel for the applicant and learned APP for the State.

2.

This is an application for bail by the applicant-Pramod Ramavadha Chauhan in connection with C.R. No.I-124 of 2022 dated 13/03/2022 registered with Kolsewadi Police Station, Kalyan for the offence punishable under Sections 397, 394, 120-B read with 34 of the Indian Penal Code, 1860.

3.

The incident is dated 13/03/2022. The FIR is recorded 1/4

against unknown persons and thereafter in the supplementary statement which is recorded after two days the complainant alleged as under. It is alleged that four persons assaulted the complainant and committed theft of the gold chain which the complainant was wearing. There is a recovery from the co-accused. In the FIR it is alleged by the complainant that there was a room belonging to deceased Chandabai Nagraj which was in unauthorized possession of the applicant. There was a rumour circulating on social media that the applicant was asked to vacate the room at the behest of the complainant. It is because of this grudge that the applicant harboured, that he engaged the accused to threaten him.

4.

There is a statement of the co-accused who says that one Dubey had told him that the applicant would pay the money after the complainant was threatened and assaulted. Apart from this there is no material against the applicant. The call details record only show that the applicant was in contact with the co-accused. The applicant was arrested on 16/03/2022 and in custody almost for 10 months. The 2/4

charge-sheet has been filed and the investigation is complete. There are no criminal antecedents reported against the applicant. Therefore, the applicant can be released on bail.

5.

Hence, the following order :-

ORDER

(a) Application is allowed.

(b) Applicant-Pramod Ramavadha Chauhan shall be released on bail in connection with C.R. No.I-124 of 2022 registered with Kolsewadi Police Station, Kalyan, on his furnishing P.R. Bond of Rs.25,000/- with one or more sureties in the like amount.

(c) The applicant is permitted to furnish cash bail surety in the sum of Rs.25,000/- for a period of 6 weeks in lieu of surety.

(d) 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 3/4

Officer. The applicant shall not tamper with evidence. (e) The applicant shall report to the concerned Police Station once in a month i.e on the first Saturday of every month between 11.00 a.m. and 01.00 p.m. till further orders.

(f) On being released on bail, the applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, in case there is any change.

6.

The Bail Application is disposed of.

(M. S. KARNIK, J.) 4/4