Lakhan Mangal Dhikav v. The State Of Maharashtra Thr. Pso Rajapeth Amravati Dist. Amravati

21-aba-45-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Anticipatory Bail Application No. 45 of 2022 Lakhan Mangal Dhikav

Versus

The State of Maharashtra, through Police Station Officer, Rajapeth, Amravati, Dist. Amravati Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Kabir Jhamb, Advocate for the applicant. Shri M.J.Khan, APP for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 25th FEBRUARY, 2022.

The allegations made in the complaint is that the complainant was doing his duty as a public servant for recovery of pending electric bills. He found that a hook put in a live electric wire and therefore, he removed the said hook from the live electric supply. Thereupon the applicant uttered filthy words and slapped the complainant. Thereafter, the applicant went inside the house and came with iron pipe and by brandishing the same, he was about to assault the complainant and other employees of MSEB, who were present on the spot at the time of incident. Thereupon, SKNair

21-aba-45-22.odt crime No. 1490 of 2021 was registered at Police Station Rajapeth, Amravati under Sections 332, 353, 506 and 504 of the Indian Penal Code.

2.

Learned counsel for the applicant submits that there was no assault on the part of the applicant and he has been falsely implicated in the alleged offence. 3.

On the other hand Shri Khan, learned Additional Public Prosecutor strongly opposed the application and submits that as seen from the police diary, sufficient evidence has been collected by the police. It is submitted that statement of witnesses were recorded during the investigation which sufficiently shows prima facie involvement of the applicant in the alleged offence.

4.

On perusal of the case diary and considering the allegations made in the First Information Report, I am of the opinion that prima facie case is made out showing the involvement of the applicant in the alleged offence. In that view of the matter, I am not inclined to grant bail.

5.

Accordingly, the application is rejected.

[ANIL S. KILOR, J.] by SACHINDANAND K NAIR Date: 2022.02.26 14:09:59 +0530 SACHINDANAND K NAIR SKNair