Chetan Mallesh Naral v. The State Of Maharashtra

1 44.2098.16 aba

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2098 OF 2016 Chetan Mallesh Naral .....Applicant V/s.

The State of Maharashtra ....Respondent Mr. Rahul Thakur Advocate for the Applicant.

Mr. Rajan Salvi APP for the State.

Mr. Shitalkumar M. Kolhal, API, MIDC Police Station, Solapur City.

CORAM : SMT. SADHANA S. JADHAV, J.

DATED : 13th DECEMBER, 2016.

PC :

1) Heard. This is an application under section 438 of Code of Criminal Procedure, 1973. Applicant herein is apprehending his arrest in crime no. 467 of 2016 registered at M.I.D.C. Police Station, Solapur for offence punishable under sections 386, 387 r/w 34 of the Indian Penal Code. 2) It is the case of the prosecution that Girish @ Bablu Purshottam Kadyal lodged a report at the police station on 22/09/2016 alleging therein that on 01/08/2016, he was seen talking to Neha Burud. It is alleged that people residing in the said locality as well as the applicant had seen him talking to

2 44.2098.16 aba the said girl. It is alleged that on 02/08/2016, present applicant and two others had approached the complainant and had threatened him as well as assaulted him with fist and kick blows on the ground that he was seen talking to Neha. They suspected that the complainant was stalking Neha. It is alleged that the present applicant and his associates had informed the complainant that they would report the same to the parents of Neha and if he wanted to save himself, he should pay Rs. 25,000/-. It was agreed that the amount to be extorted was to be paid in installments. The statement of the complainant is also recorded under section 164 of the Code of Criminal Procedure, 1973 and in the said statement, he is silent about the contentions in the F.I.R.

In his statement under section 164 of the Code of Criminal Procedure, 1973, he has stated that being fed up with the harassment of the present applicants, he had attempted to commit suicide. His mother rescued him with the help of the neighbours. He was admitted in the hospital and being a medico legal case, his statement was recorded by the police and on the basis of the same, crime no. 467 of 2016 is registered.

3) Taking into consideration the nature of allegations and the papers of investigation, more particularly the statement under section 164 of the Code

3 44.2098.16 aba of Criminal Procedure, 1973, this Court is of the opinion that the applicant deserves to be granted pre-arrest bail. However, it is made clear that observations made herein above are restricted to an application under section 438 of the Code of Criminal Procedure, 1973 and shall not be considered for quashing of F.I.R., discharge application or at the time of trial.

O R D E R

(i) Application is allowed.

(ii) In the event of arrest, applicant be enlarged on bail on furnishing P.R. bond in the sum of Rs. 25,000/- with one or two sureties in the like amount. (iii) Applicant shall report to the concerned police station as and when called.

(iv) Application stands disposed of.

(SMT. SADHANA S. JADHAV, J.)