Rohan Rajendra Borade And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2850 OF 2019 Rohan Rajendra Borade & Anr.

..Applicants v/s.

The State of Maharashtra ..Respondent/s Mr. Prashant Hagare for the Applicants.

Mr. Ajay Patil, APP for the Respondent-State. CORAM : ANUJA PRABHUDESSAI, J.

DATED : 6th OCTOBER 2021.

P.C.

1.

By this application filed under Section 438 of Cr.P.C. the Applicants have sought pre-arrest bail in Crime No. 754 of 2019 registered with Baramati City Police Station for the offences under Section 143, 144, 147, 148, 149, 506 r/w. 34 of the Indian Penal Code.

2.

Heard learned Counsel for the Applicants and the learned APP for the State. Perused the records.

3.

The aforesaid crime was registered pursuant to the first information report lodged by Dnyandeo Baburao Taware. It is

alleged that on 10.11.2019 the Applicants and others formed an unlawful assembly, armed with deadly weapons and assaulted Shambhuraj @ Bhaiya Dnyandeo Taware, the son of the first informant. The FIR prima facie indicates that the co-accused Rohit and Sunny had assaulted Shambhuraj with iron rods. The allegations against the Applicants are that they had assaulted said Shambhuraj with kicks and blows. Considering the nature of the allegations against the Applicants, this Court ( Coram : N.R.Borkar, J.) by order dated 26.12.2019 had granted interim protection to the Applicants. The Applicants have not misused the liberty. 4.

Learned Counsel for the Applicants states that the Applicants are ready to co-operate with investigation and report to the Investigating Officer as and when required.

5.

In the light of the above statement and considering the nature of accusation against these Applicant, in my considered view, this is a fit case to grant pre-arrest bail to the Applicants. Hence the order.

(i) Application is allowed.

(ii) In the event of arrest of the above Applicants, in Crime No. 754 of 2019 registered with Baramati City Police

Station, the Applicants be released on bail on furnishing P.R. Bond in the sum of Rs.10,000/- (Rupees Ten Thousand Only) each, with one solvent surety in the like amount; (iii) The Applicant shall co-operate with the Investigating Agency and report to the Investigating Officer as and when required;

(iv) The Applicant shall not interfere with the witnesses or tamper with the evidence in any manner;

(v) The Applicant shall keep the Investigating Officer informed of their current address and mobile/ contact numbers and/or change of residence or mobile details, if any, from time to time.

Digitally signed by PRASANNA P SALGAONKAR Date:

2021.10.07 14:12:25 +0530 PRASANNA P SALGAONKAR (ANUJA PRABHUDESSAI, J.)