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Bombay High CourtABA/2276/2018anticipatory bail granted

Jaywantrao Namdevrao Jagtap And ANR v. The State Of Maharashtra

2018-11-01Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2276 OF 2018

1. Jaywantrao Namdevrao Jagtap

2. Vaibhav Jaywantrao Jagtap ...Applicants

Versus

The State of Maharashtra

...Respondent

.....

Mr. Aniket Nikam with Mr. Sachin T. Zalte for the Applicants. Mr. N.B. Patil, APP for the Respondent -State. Mr. V.V. Purwant I/b. Mr. Yogiraj Purwant for the Intervenor. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 1st NOVEMBER, 2018.

P.C.:- This is an application under Section 438 of the Cr.P.C. filed by the aforesaid Applicants, apprehending their arrest in C.R. No.778 of 2018 registered at Karmala Police Station, District-Solapur (rural) for offences punishable under Section 143, 147, 452, 504 and 506 r/w. 149 of the Indian Penal Code, 1860.

2.

Heard Mr. Aniket Nikam, the learned counsel for the Applicants, Mr. N.B. Patil, the learned APP for the Respondent-State and Mr. V.V. Purwant, the learned counsel for the Intervenor. I have perused the records and considered the submissions advanced by the 1/3

learned counsel for the respective parties.

3.

The records reveal that one Rani Ware, had lodged the FIR alleging that on 3.10.2018 at about 9.30 a.m. the Applicants alongwith others criminally trespassed into her house and abused her and threatened to kill her husband. The records prima facie reveal that the allegations levelled against these Applicants are general in nature and do not justify custodial interrogation.

4.

Considering the nature of allegations levelled against these Applicants, this is a fit case for grant of pre-arrest bail. Hence, the application is allowed on following terms and conditions:- (i) In the event of arrest of the Applicants in C.R. No.778 of 2018 registered at Karmala Police Station, DistrictSolapur (rural), the Applicants shall be released on bail on furnishing bail bonds of Rs.25,000/- each with one or two solvent sureties in the like amount.

(ii) The Applicants shall report to the concerned police station for a period of four days from 12.11.2018 between 11.00 a.m. to 2.00 p.m. and thereafter as and when required and called by the concerned investigation officer. 2/3

(iii) The Applicants shall furnish their permanent as well as temporary addresses, if any, and their contact details to the concerned investigation officer.

(iv) The Applicants shall not change their residential addresses without prior intimation to the concerned investigation officer.

(v) The Applicants shall not interfere with the first informant and/or witnesses in any manner.

(SMT. ANUJA PRABHUDESSAI, J.) 3/3