Pramod Narayan Harkal v. The State Of Maharashtra

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 ANTICIPATORY BAIL APPLICATION NO.720 OF 2021 PRAMOD NARAYAN HARKAL

VERSUS

THE STATE OF MAHARASHTRA Mr.V.Y. Kakade, Advocate for the applicant.

Mr.A.V. Deshmukh, APP for the respondent/State. CORAM : SANDEEP K. SHINDE, J.

DATED :

14.07.2021 PC :- 01.

Heard learned Counsel for the applicant and learned APP for the State.

02.

It is an application for pre-arrest bail, in connection with Crime No.153 of 2021, registered at Pathari Police Station for the offences punishable under sections 307, 353, 379, 143, 188, 269, 270 of the Indian Penal Code, Sections 48(7), 48(8) of the Maharashtra Land Revenue Code, Section 51(b) of Disaster Management Act and Sections 2,3 and 4 of the Epidemic Disease Act. 03.

Perused the investigation papers. The complainant is a public servant. When he along with other public servants proceeded to river-bed for taking action against illegal excavation of sand, driver of the tractor - Nitesh Ramrao Kolhe fled from the spot with

( 2 ) tractor and tried to run over the Sub-Divisional Magistrate. It is alleged that apart from the tractor of Nitesh Ramrao Kolhe (accused No.1), four persons with their tractors fled from the spot. However, their names were disclosed by the villagers. The applicant is one of those four persons. Co-accused Vikas Vishwanath Naibal was also one of those four persons. Vikas has been granted pre-arrest bail by this Court vide order dated 24.06.2021. The case of the prosecution against the applicant is similar to the case as against Vikas Vishwanath Naibal.

04.

In view of these facts, I am inclined to grant pre-arrest bail to the applicant, subject to conditions. 05.

Be that as it may, learned Counsel for the applicant, on instructions, makes a statement that neither applicant nor his close family members own any tractor or trolley.

06.

The statement is accepted.

07.

Thus, the following order :- 08.

In the event of arrest of the applicant, the applicant shall be released on bail on executing bond in

( 3 ) the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or more sureties in like amount. The applicant shall report to the Investigating Officer twice in a week i.e. on 19th, 23rd, 26th and 30th July, 2021 and thereafter once in a week i.e. on Monday of each week between 11.00 a.m. to 01.00 p.m. till the charge-sheet is filed. 09.

The application is allowed and disposed of.

[SANDEEP K. SHINDE,J.] snk/2021/JUL21/aba720.21