Vikram S/O Vishnu Bagal v. The State Of Maharashtra
1 Cri. Appln. 1974-2016
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1974 OF 2016 Vikram S/o Vishnu Bagal Age : 27 years, Occu.: Service, R/o At P. Ladgaon, Tq.
and Dist. Aurangabad presently working as Police Constable Bukkal No.01, Police Headquarter Rural, T.V. Centre, Aurangabad .. Applicant Vs.
The State of Maharashtra Through Police Station, Paithan, Tq. Paithan, District Aurangabad .. Respondent .....
Mr. A.M. Nagarkar, Advocate for the applicant Mr. A.S. Shinde, APP for the respondent-State ......
CORAM : N.W. SAMBRE, J.
DATED : 09/06/2016 ORAL ORDER :
Heard.
2.
The applicant is seeking pre-arrest bail in Crime no. 0061 of 2016 registered at Paithan Police Station, Dist. Aurangabad for the offences
2 Cri. Appln. 1974-2016 punishable under section 354-A, 323, 504, 506, 34, 452 of the Indian Penal Code.
3.
It is the case of the prosecution that the present applicant alongwith the main accused namely Sachin Beedkar, a Police Constable visited the place of complainant at 12.30 on the date of incident and assisted the said main accused in committing offence punishable under section 354-A of the Indian Penal Code.
4.
While trying to make out a case for grant of pre-arrest bail, learned counsel for the applicant submits that the only role attributed to the applicant is that of accompanying the main accused - Sachin Beedkar and there is no active role played by the applicant.
5.
Learned A.P.P. though opposed the application, however, from the record, it could be inferred that the main accused - Sachin Beedkar has actively participated in commission of the crime in
3 Cri. Appln. 1974-2016 question. It depicts from the record that the accused person, though were not on duty, the allegation against the applicant is that he accompanied the main accused but there is allegation of his active participation in the offence punishable under section 354-A of the Indian Penal Code. The applicant is a public servant and is available for investigation.
6.
In that view of the matter, the following order:- 7.
In the event of the arrest of the applicant in Crime no.0061 of 2016 registered with Paithan Police Station, Dist. Aurangabad for the offences punishable under section 354-A, 323, 504, 506, 34, 452 of the Indian Penal Code, he be released on bail upon his executing P.R. bond in the sum of Rs.15,000/- (Rs. Fifteen Thousand) with one surety in the like amount.
8.
The applicant shall attend the concerned
4 Cri. Appln. 1974-2016 Police Station on 17th and 18th June, 2016 between 10 am and 12 noon and thereafter as and when called. 9.
The applicant undertakes to surrender the vehicle used in the commission of crime, provided he is the custodian of the same and also undertakes to further co-operate with the investigation.
10.
Criminal Application stands allowed in above terms.
Sd/- [N.W. SAMBRE] JUDGE arp/-