Yash @ Guru Rajesh Bohat v. State Of Maharashtra

25-ABA-3058-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3058 OF 2022 Yash @ Guru Rajesh Bohat ...

Applicant

Versus

State of Maharashtra ...

Respondent .........

Mr. Chaitanya Dixit for the Applicant.

Ms. Veera Shinde, APP for the State.

API S.S. Kadam, Pimpri Police Station, present. .........

CORAM : N.R. BORKAR, J.

DATED : 12 JANUARY 2023 P.C. :- .

This is an application filed under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No. 314 of 2022 registered at Pimpri Police Station, for the offences punishable under Sections 307, 324, 323, 506 r/w. 34 of Indian Penal Code and Sections 37(1), 37(3), 135 of the Maharashtra Police Act, 1951. 3.

I have heard the learned Counsel for the applicant and the learned APP for the State.

Kanchan P Dhuri 1 / 2

25-ABA-3058-2022.odt 4.

According to the prosecution, on 8 May 2022, the present applicant and other co-accused assaulted the complainant and his family members on account of previous dispute.

5.

There is a cross FIR in relation to the alleged incident bearing No.313 of 2022 for the offences punishable under Sections 307, 323, 504, 506, 143, 147, 148, 149 of Indian Penal Code, Sections 37(1), 37(3), 135 of the Maharashtra Police Act, 1951, Section 4 of the Arms Act. 6.

According to the cross-FIR, the complainant and his family members assaulted the present applicant by koyta, knife, etc. It appears that in the alleged incident the applicant had sustained stab injury. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the present applicant. In the result, the following order is passed :

(i) Application is allowed.

(ii) In the event of arrest of the applicant - Yash @ Guru Rajesh Bohat in Crime No. 314 of 2022 registered at Pimpri Police Station, for the offence punishable under Sections, 307, 324, 323, 506 r/w. 34 of Indian Penal Code, Sections 37(1), 37(3), 135 of the Maharashtra Police Act, 1951, he shall be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount. by KANCHAN PRASHANT DHURI Date: 2023.01.25 18:09:35 +0530 ( N.R. BORKAR, J. ) KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2