Anil Gaurishankar Singh v. The State Of Maharashtra
rpa 1/3 43-ba-3140-18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3140 OF 2018 Anil Gaurishankar Singh .. Applicant Vs.
State of Maharashtra .. Respondent ......
Mr.Rakesh Singh a/w. Mr.S.K. Singh, Advocate for the Applicant. Mr.A.R. Kapadnis, APP for the Respondent - State. ......
CORAM : PRAKASH D. NAIK, J.
DATED :
JANUARY 14, 2019.
P.C. :
This is an application for bail in connection with C.R.No.93 of 2018, registered with CBD Belapur Police Station, Navi Mumbai, for the offences punishable under Sections 307, 392, 143, 144, 147, 148, 149, 323, 452, 326, 504 and 506(2) of Indian Penal Code ("IPC", for short) and under Sections 37(1)(3) and 137 of Bombay Police Act and under Sections 3 and 25 of Arms Act.
The case of the prosecution is that complainant is the manager of Bar and Restaurant. Injured were partners of the said Bar. There was dispute between the partners on financial issues. One Vashisth Yadav has executed an agreement with one of the accused for conducting Bar. The said accused Jitendra Bhosale
rpa 2/3 43-ba-3140-18.doc has invested an amount of Rs.1 crore as per the agreement . On 6th January, 2018 at about 10:00 a.m. accused Jitendra visited the Bar along with 10 to 12 bodyguards. Customer Umesh Shetty was sitting in the Bar. He offered some money to the singer in Bar. Accused Jitendra Bhosale got angry. His nephew Rahul Kamble was coming out of the Bar and abused customer sitting in the Bar. Accused Rahul Kamble assaulted the customer Umesh Shetty by bottle and snatched his mobile. Complainant and others tried to intervene in the matter. Co-accused threatened them. Applicant was the bodyguard of Jitendra Bhosale. He was present at the scene of offence. No role of assault is attributed to the applicant. About 10 accused who are attributed with similar act has been granted bail by the Sessions Court. Considering the aforesaid circumstances, case for grant of bail is made out.
Hence, I pass the following order:
:: O R D E R ::
(i) Criminal Bail Application No.3140 of 2018, is allowed;
rpa 3/3 43-ba-3140-18.doc (ii) The applicant is directed to be released in connection with C.R.No.93 of 2018, registered with CBD Belapur Police Station, Navi Mumbai, on his furnishing P.R. Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount;
(iii) Applicant is directed to attend CBD Belapur Police Station, Navi Mumbai, on first Monday of every month between 11:00 a.m. to 01:00 p.m., till conclusion of the trial;
(iv) Applicant is permitted to furnish cash security of Rs.25,000/-, in lieu of surety for a period of six weeks from today;
(v) Criminal Bail Application stands disposed of. (PRAKASH D. NAIK, J.)