Sumitkumar Dilip Mete v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.140 OF 2021 Sumitkumar s/o Dilip Mete ... APPLICANT

VERSUS

The State of Maharashtra ... RESPONDENT .......

Shri N.B. Khandare, Advocate for applicant Shri V.S. Badakh, A.P.P. for State .......

CORAM :

R. G. AVACHAT, J.

DATE :

18th MARCH, 2021 O R D E R :

This is an application under Section 438 of the Code of Criminal Procedure. The applicants claims to have apprehension of being arrested in connection with Crime No.0005/2021, registered at Wadwani Police Station, District Beed for the offence punishable under Sections 353, 332, 333, 109 and 120-B of the Indian Penal Code.

2.

Heard learned counsel for the applicant and learned A.P.P. for the State. Perused the First Information Report (F.I.R.) and related papers. The F.I.R. has been lodged by the Chief Officer, Nagar Panchayat, Wadwani, District Beed.

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The applicant has been serving as a Sectional Engineer with the very Nagar Panchayat. On 19/1/2021 by 12.15 p.m., the informant went to the Building Section of the Gram Panchayat. The applicant was present in his office. The informant asked the applicant to submit him his office record for inspection since he was in arrears of work. The applicant became rude. He abused the informant in foul language. The applicant also threatened the informant of dire consequences. By 6.15 p.m. on the same day, the father and maternal uncle of the applicant came to the office of the informant. They were armed with steel rods. Both of them beat up the informant. The office staff intervened and rescued the informant.

3.

On close reading of the aforesaid averments in the F.I.R., it would be crystal clear that the father and maternal uncle of the applicant beat up the informant by 6.15 p.m. taking thread of the incident between the applicant and informant that took place at 12.15 noon. The applicant was not in the company of those two. As such, the allegations against the applicant are that he was rude with the informant, abused in foul language and gave threats of dire consequences. These allegations indicate that custodial interrogation of the applicant is not required. I am, therefore,

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inclined to grant the application.

4.

The application is allowed. In the event of arrest of the applicant in connection with Crime No.0005/2021, registered at Wadwani Police Station, District Beed for the offence punishable under Sections 353, 332, 333, 109 and 120-B of the Indian Penal Code, the applicant be released on bail on his executing P.R. bond in the sum of Rs.15,000/- (Rupees fifteen thousand) with one surety in the like amount. 5.

The applicant shall appear before the investigating officer as and when required. The applicant shall not tamper with the prosecution evidence in any manner.

( R. G. AVACHAT ) JUDGE fmp/-