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Bombay High CourtABA/3556/2022disposed off

Bhupendra Muralidhar More v. State Of Maharashtra

2022-12-21Hon'Ble Shri Justice N. R. Borkar2 pages

912-ABA-3556-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3556 OF 2022 Bhupendra Muralidhar More ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Mr. Aniket Nikam instructed by Mr. Piyush Toshnival for the Applicant. Ms. Veera Shinde, APP for the State.

API Ajay Aswale, Bandgarden Police Station, Pune City present. .........

CORAM : N.R. BORKAR, J.

DATED : 21 DECEMBER 2022 P.C. :- .

This is an application filed under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No. 290 of 2022 registered at Bundgarden Police Station, Pune for the offences punishable under Section 353 r/w. 34 of Indian Penal Code. 3.

It appears that on 26 November 2022, the father of one of the co-accused had died, while he was being treated at Sasoon Hospital. According to the complainant, who is medical officer on the next day, the present applicant and other co-accused therefore created ruckus at the hospital and threatened him and other medical officers of dire consequences.

4.

I have heard the learned Counsel for the applicant and the learned APP for the State.

5.

The learned Counsel for the applicant submits that the applicant has nothing to do with the alleged crime. It is submitted that the Kanchan P Dhuri 1 / 2

912-ABA-3556-2022.odt applicant came to be implicated as he is friend of the son of the deceased. It is submitted that there are no criminal antecedents and custodial interrogation is not necessary as nothing is to be recovered at the instance of the present applicant.

6.

Considering the facts and circumstances of the case and as there are no other criminal antecedents, I am inclined to grant anticipatory bail to the present applicant, on certain conditions. In the result, the following order is passed :

(i) Application is allowed, subject to deposit of Rs.25,000/- within four weeks with :- Sassoon Hospital Denagi Samiti, Account No.98260100004784, Bank Name : Bank of Baroda, Branch : B.J. Medical Branch, IFSC Code No. : BARB0DRCBJM (Fifth character is zero), MICR Code No.411012054, Branch Address : Station Road, Pune, Maharashtra, India. (ii) In the event of arrest of the applicant - Bhupendra Muralidhar More in Crime No. 290 of 2022 registered at Bundgarden Police Station, Pune for the offences punishable under Section 353 r/w. 34 of Indian Penal Code, he shall be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount. (iii) The applicants shall attend the concerned police station from 28 December 2022 to 30 December 2022 between 11.00 a.m. to 2.00 p.m. and thereafter, as and when called by the Investigating Officer and shall co-operate in the investigation.

( N.R. BORKAR, J. ) Kanchan P Dhuri 2 / 2