Kiran @ Alex Ashok Bramhne And Others v. The State Of Maharashtra And Another
2025:BHC-AUG:6345
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 955 ANTICIPATORY BAIL APPLICATION NO. 1490 OF 2024 1.
Kiran @ Alex Ashok Bramhne, 2.
Junnaid @ Juned Rafik Inamdar, 3.
Ravindra @ Pappu Abaji Gadhe, 4.
Sachin Raghunath Shinde.
VERSUS
1.
The State Of Maharashtra And Another ...
Advocate for Applicant : Mr. Ostwal Abhaykumar Dilip APP for Respondents-State: Ms. N. B. Kamble ...
CORAM : ARUN R. PEDNEKER, J.
Dated : March 05, 2025.
PER COURT :- 1.
Heard learned counsel for the applicants and the learned APP for the respondent-State.
2.
The applicants are apprehending arrest in connection with FIR No.0008/2024, dated 03/01/2024, registered at Loni Police Station, District Ahmednagar, for the offences punishable under sections 326, 324, 341, 143, 144, 147, 148, 149, 427, 504, 506 of the Indian Penal Code. 3.
This Court granted interim protection to the applicants by order dated 07/10/2024. The learned Counsel for the applicants submits that the applicants have attended the police station and have cooperated with the investigation. The learned Counsel further submits that, at the time of the incident, the applicants were present at Chinchpur, Taluka Sangamner, Dist. Ahmednagar in a Hotel and incident in question is said to have occurred at Loni, Taluka Rahata.
4.
The Investigating Officer has verified the statement of the learned Counsel for the applicants and found that the applicants were present at another location, supported by the CCTV of the hotel and statements from 1 of
955 ABA 1490-2024 the employees of the hotel.
5.
Interim protection granted to the applicants on 07/10/2024, considering that the applicants were not present at the scene of the offence but were in a hotel in a different Taluka at the relevant time. This fact is also reflected in the reply filed by the Investigating Officer while resisting the anticipatory bail application before the Sessions Court.
5.
It is specifically mentioned in the said report that applicants No.1 to 4 were present at Hotel Sandeep in a different Taluka on 02/01/2024 between 17:41 and 19:26 hours. The date of the offence is 02/01/2024, between 18:45 and 19:00 hours. Considering that the applicants' alibi is substantiated by documentary evidence in the form of CCTV footage, which has been verified by the Investigating Officer, and further considering that the applicants have attended the police station and cooperated with the investigation, the interim protection granted to the applicants by order dated 07/10/2024 is confirmed. 6.
In view of the above, the application is allowed in the following terms : - i] In the event the applicants are arrested in connection with FIR No.0008/2024, dated 03/01/2024, registered at Loni Police Station, District Ahmednagar, for the offences punishable under sections 326, 324, 341, 143, 144, 147, 148, 149, 427, 504, 506 of the Indian Penal Code, they shall be released on bail on furnishing 2 of
955 ABA 1490-2024 PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.
ii] The applicants shall attend the police station as and when called by the police.
iii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case. iv] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court. 7.
In the event, the applicants violates any of the conditions specified in this order, it shall be liable to be cancelled. 8.
It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove. 9.
The application stands disposed of.
( ARUN R. PEDNEKER, J. ) vj gawade/-.
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