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Bombay High CourtABA/769/2023dismissed

Niranjan Badrinath Gogurla v. The Superintendent Of Police Jalgaon And Another

2023-06-23Hon'Ble Shri Justice R. M. Joshi2 pages

- 1 - aba769.23.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.769 OF 2023 Niranjan Badrinath Gogurla Applicant

Versus

The superintendent of Police & another Respondents Mr. A. D. Sonkawade, Advocate for the applicant. Mr. V. S. Badakh, APP for the State.

CORAM : R. M. JOSHI, J.

DATE : 23rd JUNE, 2023.

PER COURT :

1.

Prima facie perusal of the First Information Report and the record does not indicate any genuine apprehension of arrest to the present applicant. Learned counsel for the applicant submits that it is not in dispute that the applicant is not made accused till date. He submits that if the investigating agency wants to arrest the applicant, he may be issued 48 hours notice.

2.

For the purpose of entertaining bail application, there has to be genuine or reasonable ground of apprehension. Mere fear of the applicant to arrest cannot become a ground for entertaining the application. In view of this position, even the question of grant of

- 2 - aba769.23.odt further directions to the investigating agency to give notice of 48 hours as claimed does not arise. Hence, application stands dismissed.

( R. M. JOSHI) Judge dyb