Nilesh Bipinchandra Choudhari v. State Of Maharashtra And ANR

31-aba-3581-22.doc by DINESH SADANAND SHERLA Date:

2023.02.21 12:47:02 +0500 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3581 OF 2022 Nilesh B. Choudhari ...Applicant V/s.

The State of Maharashtra and anr.

...Respondents.

Mr. Mayuresh Ingale a/w. Mr. Jayveer Yadav for the Applicant. Mr.S.S. Hulke, APP for the Respondent/State.

Mr. Ashish M. Verma for the Respondent No.2/Complainant.

CORAM

:

N.R. BORKAR, J.

DATE :

09.01.2023.

P.C. :

1.

This is an application under Section 438 of Code of Criminal Procedure for anticipatory bail.

2.

The applicant is apprehending his arrest in Crime No.695 of 2022 registered at Nigdi Police Station, Pimpri-Chincwad for the ofences punishable under Sections 307, 377, 323, 498-A, 504 and 506 read with 34 of the Indian Penal Code.

3.

I have heard the learned counsel appearing for the applicant, the learned APP for the respondent / State and the learned counsel for respondent No.2/complainant.

4.

According to the prosecution, on the date of incident, which took place on 9 September 2022, the present applicant, who is the husband of respondent No.2, attempted to kill her. However, the report came to be lodged only on 26 September 2022. Apart from Dinesh S. Sherla 1/2

31-aba-3581-22.doc it, according to FIR after the alleged incident respondent No.2 was taken to Ravi Hospital, however, the injury certifcate is issued by the Breath Care Hospital. As regards the allegations in relation to Section 377 of the IPC are of the year 2012.

5.

Considering overall facts and circumstances of the case, I am inclined to grant the anticipatory bail to the applicant. In the result the following order is passed.

ORDER

A) The Anticipatory Bail Application is allowed. B) In the event of arrest of the applicant in C.R. No.695 of 2022 registered at Nigdi Police Station, Pimpri-Chinchwad for the ofences punishable under Sections 307, 377, 323, 498A, 504 and 506 read with 34 of the Indian Penal Code, he shall be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount. [N.R.BORKAR, J.] Dinesh S. Sherla 2/2