Uttam Keru Gavale @ Gavali v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3518 OF 2022 Uttam Keru Gavale @ Gavali ...Applicant

Versus

State Of Maharashtra

...Respondent

Adv. Sanjeev P. Kadam a/w Adv. Mayur Govind Sanap a/w Adv. Pratik Deshmukh i/b Adv. Prashant Raul for applicant. Ms. G.P. Mulekar, APP for State.

V.S. Valte, API, Thanenagar Police Station, Thane City is present.

CORAM:

M. S. KARNIK, J DATED:

DECEMBER 20, 2022 PC:- 1.

Heard learned counsel for the applicant and learned APP for State.

2.

This is an application for pre-arrest bail. The applicant is apprehending arrest in connection with C.R. No. 78 of 2022 registered with Thanenagar Police Station for the offence punishable under sections 420, 468, 467, 323, 324, 506, 504 of the Indian Penal Code, 1860.

3.

The complainant is the father in law of the applicant's daughter. The complainant's elder son - Sumit got married with 1/3

the daughter of the applicant - Manisha on 10/08/2014. There was marital discord between husband and wife. The applicant retired from the Central Railway service in the year 2021. It is alleged that the applicant was appointed as Special Executive Officer for a period of 5 years from 2008. It is alleged that this is contrary to rules as the applicant was already employed with the Central Railway as M.C.M. Fitter at CSMT.

4.

The applicant has since retired. Prima facie the criminal machinery is being used as a lever to settle personal scores. The appointment of the applicant as Special Executive Officer came to an end in the year 2013. The First Information Report is belated. There are no criminal antecedents reported against the applicant. The applicant can be granted pre-arrest bail. Hence, the following order.

O R D E R

(a) In the event of arrest of the applicant - Uttam Keru Gavale @ Gavali, in connection with C.R. No. 78 of 2022, registered with Thanenagar Police Station, the applicant shall be released on bail on his furnishing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount;

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(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence;

5.

(c) The applicant shall report to the Investigating Officer of the concerned Police Station on 27/12/2022 and 28/12/2022 between 10.00 a.m. and 1.00 p.m. and thereafter as and when called.

(d) The applicant shall furnish his contact number and residential address to the Investigating Officer and shall keep him updated, if there is any change.

6.

The application is disposed of.

(M. S. KARNIK, J.) 3/3