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Bombay High CourtABA/2124/2016anticipatory bail granted

Omnarayan Shivram Mishra v. State Of Maharashtra

2016-12-15Hon'Ble Shri Justice Nitin W. Sambre2 pages

Rane * 1/2 * ABA-2124-2016 Thursday,15.12.2016 sr.no.913

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2124 OF 2016 Om Narayan Shivram Mishra .....Applicant V/s.

State of Maharashtra (A.P.M.C. Police Station) .....Respondent * * * * * * Mr. Ashutosh Tripathi i/by. Legal Point, Advocate for the applicant. Smt. J.S. Lohokare, APP for respondent, State. CORAM :- N. W. SAMBRE, J.

DATED :- 15TH DECEMBER, 2016.

P.C. :- 1).

Heard. In Crime No. 278 of 2016 registered with A.P.M.C. Police Station, the applicant is seeking pre-arrest bail for the offences punishable under Sections 420, 170, 171 read with Section 34 Indian Penal Code.

2).

It is the case of the prosecution that, the applicant's son, Sagar has accepted substantial amount from unemployed youth/various persons assuring employment with Indian army.

Rane * 2/2 * ABA-2124-2016 Thursday,15.12.2016 sr.no.913 3).

Perusal of the investigation papers does not depict any substantial role attributed or played by the applicant in the crime in question. Apart from the fact that, the applicant is not named in the FIR, there is hardly any material on record to infer that the applicant is involved in the crime in question. He claims to be an Ex-Navy employee. Since the applicant is available for investigation, it will be appropriate, in my opinion, to order his release.

4).

Hence, the Bail Application is allowed. In the event of arrest of the applicant, he be released on bail on furnishing P.R. Bond of Rs.25,000/- (Rs. Twenty Five Thousand only) with one or two sureties in the like amount.

5).

The applicant shall attend Police Station on 22nd and 23rd December, 2016 between 10 to 12 a.m. and thereafter as and when called.

6).

The applicant shall not tamper with the evidence and/or influence the witnesses in any manner whatsoever. (N.W. SAMBRE, J)