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Bombay High CourtABA/333/2021disposed off

Frank Peter Anthony v. State Of Mah. Thr. The Kanhan Police Station Nagpur

2021-06-15Hon'Ble Shri Justice Nitin B. Suryawanshi2 pages

1 aba333.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION [ABA] NO.333 OF 2021 [Frank Peter Anthony .vs. State of Maharashtra, through the Kanhan Police Station, Nagpur] ------------------------------------------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ------------------------------------------------------------------------------------------------------------------------------------------------------------ Shri A.R. Fule, Advocate for Applicant, Shri Amit Chutke, APP for Respondent.

............

CORAM : N.B. SURYAWANSHI, J.

DATED : JUNE 15, 2021.

Hearing was conducted through Video Conferencing and the learned counsel agreed that the audio and visual quality was proper.

2.

The applicant apprehends arrest in Crime No.101/2021 registered with Kanhan Police Station, Nagpur for offences punishable under Sections 307, 294 r/w 34 of the Indian Penal Code. The FIR was lodged by one Nandkishor Chandari Sahani on 29.3.2021 alleging therein that the applicant and his friends namely Ajay Chavhan, Surendra Kuldeep and Royal Chafle abused and assaulted Vishal Chavhan and the informant. Ajay assaulted Vishal with the help of knife and the applicant and other three abused and assaulted injured with fist and kick blows.

3.

Heard the learned Advocate for the applicant and the learned APP for the respondentState.

2 aba333.21 4.

The FIR makes general allegations against the applicant of assaulting the injured with fist and kick blows. The main role of assault with knife is attributed to Ajay. Surendra, who is attributed the same role as is attributed to the applicant, is released on bail. The applicant has no criminal antecedents and the applicant claims to be the sole bread earner in the family. The custodial interrogation of the applicant is not necessary in the facts of the present case, as nothing is to be recovered from the applicant. The applicant therefore deserves protection.

5.

In the event of arrest in connection with Crime No.101/2021, the applicant shall be released on bail on his executing P.R. Bond in the sum of Rs.15,000/- with one surety in the like amount. 6.

The applicant shall attend the concerned Police Station on every Saturday and Sunday between 10.00 am and 12.00 noon, till the filing of the charge-sheet.

7.

The applicant shall not influence the prosecution witnesses and/or tamper the prosecution evidence.

8.

Criminal Application is disposed of.

JUDGE Gulande