Lalit Ramkrishna Bode v. State Of Maharashtra

Sayali Upasani

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2913 OF 2023 Lalit Ramkrishna Bode ...Applicant Vs.

The State of Maharashtra

...Respondent

Mr. Avinash Avhad, for Applicant.

Mr. S. H. Yadav, APP for State.

CORAM:- N. J. JAMADAR, J.

DATED:- 20th OCTOBER, 2023 PC :- 1) Heard the learned counsel for the applicant and the learned APP for the State.

2) This application is preferred for pre-arrest bail in connection with C.R. No. 164 of 2023, registered with Deccan police station, Pune, for the offences punishable under Sections 341, 342, 353 and 504 read with Section 34 of Indian Penal Code, 1860 ("the Penal Code") and Sections 106 and 117 of Maharashtra Police Act, 1951.

3) The first informant is a Senior Technician in MSEDCL. On 27th September, 2023, in between 3.15 to 4.00 pm, the first informant and his associates went to flat No. 301, Lane No. 3, Prabhat Road, Deccan, Pune to recover the pending electricity 1/3

dues. When the first informant and his associates tried to disconnect the electric supply, of the flat of the applicant, an altercation ensued. The applicant allegedly abused and charged on the person of the first informant and also tried to restrain the first informant and his associates. The first informant and his associates were thereby prevented from discharging their official duties.

4) I have perused the allegations in the FIR. Prima facie it appears that an altercation ensued over the disconnection of the electric supply.

5) Having regard to the nature of the accusation, arrest and custodial interrogation of the applicant does not seem warranted to facilitate further investigation. The applicant appears to have roots in society. Possibility of tampering with evidence and fleeing away from justice seems remote.

6) I am, therefore, inclined the exercise of discretion in favour of the applicant.

7) Hence, the following order:-

ORDER

I) In the event of arrest of the applicant in connection with C.R. No. 164 of 2023, registered with Deccan police station, Pune, for the offences punishable under Sections 2/3

341, 342, 353 and 504 read with Section 34 of Indian Penal Code, 1860 and Sections 106 and 117 of Maharashtra Police Act, 1951, the applicant be released on bail on executing a PR Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.

II) The applicant shall co-operate with the investigation and attend Deccan police station, Pune on 30th and 31st October, 2023 in between 10.00 am to 1.00 pm and as and when directed by Investigating Officer.

III) The applicant shall not tamper with the prosecution evidence and/or give threat or inducement to the first informant and any of the persons acquainted with the facts of the case.

IV) It is clarified that these prima facie observations are confined to determine the entitlement to pre-arrest bail only.

V) The application stands disposed.

[N. J. JAMADAR, J.] 3/3