Arjun Babasaheb Dandait v. The State Of Maharashtra

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.6990 OF 2015 Arjun Babasaheb Dandait ..APPLICANT

VERSUS

The State of Maharashtra ..RESPONDENT Mr S.J. Salunke, Advocate for applicant;

Mr U.S. Mote, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.

DATE : 20th January, 2016 ORDER :

The applicant is seeking pre-arrest bail, in connection with C.R. No.145 of 2015, registered with Moujpuri police station, for offences punishable under sections 363, 394 and 506 of the Indian Penal Code. 2.

Learned Counsel appearing on behalf of the applicant would urge that the applicant has been falsely implicated in the crime, as the narration in the first information report does not depict probable story and the allegations made are in the background of political enmity. 3.

Learned Addl. Public Prosecutor has opposed the application on the ground that custodial interrogation of the applicant is necessary, in view of the evidence available on record for his prima facie involvement in commission of the crime. According to him, similar type of offence was already registered and prosecution is pending against the applicant.

(2) 4.

Perused the investigation papers. In the background of the allegations made in the first information report, it is claimed by the complainant that he was assaulted after he was abducted, however, there is no injury suffered by the applicant.

5.

Apart from above, the narration of the complainant in the first information report speaks of his movement on the main roads after his abduction and as such abduction of the applicant could have been easily noticed by the passers-by.

6.

It is required to be noted that the political enmity between the applicant and the complainant is reflected in the first information report. In this background, in my opinion, it will be appropriate to enlarge the applicant on pre-arrest bail. I, therefore, pass following order :- In the event of arrest of the applicant, in connection with C.R. No.145 of 2015, registered with Moujpuri police station, for offences punishable under sections 363, 394 and 506 of the Indian Penal Code, he be released on bail on furnishing P.R. Bond of Rs.15,000/- with one surety in the like amount.

The applicant shall attend the concerned police station initially from 27th to 30th January, 2016, between 10.00 a.m. and 12.00 noon and thereafter as and when called by the Investigating Officer.

(3) The applicant shall keep himself away from the jurisdiction of the concerned police station till filing of the charge-sheet. Criminal Application stands allowed in above terms. (N.W. SAMBRE, J.) amj