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Bombay High CourtABA/2682/2019anticipatory bail rejected

Gaurav Ramesh Ganore v. The State Of Maharashtra

2019-12-09Hon'Ble Shri Justice Prakash D. Naik3 pages

Ethape 1/3 902.ABA.2682.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2682 OF 2019 Gaurav Ramesh Ganore .. Applicant Vs.

The State Of Maharashtra .. Respondent ......

Mr. Aniket Nikam i/b Aashish Satpute, advocate for Applicant. Mr. H. J. Dedhia, A.P.P. for the State-Respondent. ......

CORAM : PRAKASH D. NAIK, J.

DATE : 09th DECEMBER 2019 PC.

1.

This is an application for Anticipatory Bail in connection with C.R. No. I-192 of 2019 registered with Dindori Police Station, Dist. Nashik Rural for the ofences punishable under Sections 353, 332, 504, 506 read with section 34 of the Indian Penal Code ("IPC", for short).

2.

The complainant is working as a driver since three years at Maharashtra Road Transport Department, Panchvati Depo-2 at Nashik. It is the case of the prosecution that on 06th November 2019, the complainant and the conductor of bus were

Ethape 2/3 902.ABA.2682.19.doc taking some passengers in the bus while traveling from Khadaksukene to Marvadkar. Two persons travelling on their motorcycle over took the S.T. bus and parked their motorcycle in front of the ST bus and abused the complainant in flthy language. The person who was sitting on the pillion rider grabbed the complainant and dragged him out of his cabin and by giving fst blows assaulted him. The complainant came to know about his name from the public, who were gathered at the place of incident.

3.

Learned counsel for the applicant submits that, the applicant was riding motorcycle, he was not pillion rider. The complainant has learnt about his name from the public. Injuries are simple. Custodial interrogation of the applicant is not necessary. He may be released on Anticipatory Bail on any terms and conditions.

4.

Learned APP submits that, the ofence is of serious nature, as public servant was assaulted by the accused. The applicant was pillion rider and assaulted the complainant. The other accused was juvenile.

5.

On perusal of the First Information Report, it is apparent that the applicant and co-accused over took the bus

Ethape 3/3 902.ABA.2682.19.doc and stopped the motorcycle in front of bus. The complainant was the bus driver and he was dragged out of the cabin. He was assaulted by fst blows. Incident is of assaulting the public servant while discharging duties. No case for grant of Anticipatory Bail is made out. Hence, Anticipatory Bail Application stands rejected.

(PRAKASH D. NAIK, J.)