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Bombay High CourtBA/3168/2019bail granted

Amit Mahendra Agrawal v. The State Of Maharashtra

2019-12-18Hon'Ble Shri Justice Sandeep Kashinath Shinde3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 3168 OF 2019 Amit Mahendra Agrawal ...Applicant

Versus

The State of Maharashtra

...Respondent

...

Mr. S.B. Talekar & Associates, Advocate for the Applicants.

Mr. S.R. Agarkar, A.P.P. for the Respondent-State. Mr. Anand A. Bhagat, P.I., Kashimira Police Station. ...

CORAM : SANDEEP. K. SHINDE, J.

DATE : 18 th DECEMBER 2019.

P.C.

Heard.

2.

Applicant is seeking enlargement on bail in Crime No. I 329 of 2016 registered with Kashimira - Police Station, Thane for the alleged offences punishable under Sections 323, 325, 394, 364(A), 326 r/w 34 of the Indian Penal Code, 1860.

3.

Complainant alleged, the applicant and his 1/3

associates called him at one place and abducted in his car. As it appears, since complainant had reported illegal excavation/transportation of sand by the applicant, he was beaten-up by fist blows by the applicant and Mubarak (co-accused), robbed him of cash Rs. 60,000/-. Mubarak is released on bail by the learned Sessions Court. Investigation is over. The applicant is in jail since 23.06.2019.

4.

Learned APP submits that one offence under Section 379 and another under the Environmental protection act is registered against the applicant. 5.

In view of the nature of the accusation and since investigation is over, applicant is directed to be released on bail on the following conditions :

O R D E R

(i) The applicant is directed to be released on bail in Crime no.329 of 2016 registered with Kashimira Police Station, on executing P.R. Bond 2/3

in the sum of Rs.25,000/- with one or more sureties in the like amount;

(ii) The applicant shall furnish his residential address as well as permanent address and mobile number to the investigating officer within seven days from his release on bail;

(iii) The applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

(iv) Applicant shall not indulge in the activity of excavating and/or transporting sand without permit under the relevant Act/Rule;

6.

The application is allowed in the aforesaid terms and disposed of.

7.

All concerned to act on the authenticated copy of this order.

(SANDEEP. K. SHINDE, J.) 3/3