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Bombay High CourtABA/287/2022disposed off

Sachin Wamanrao Anjikar And 4 Others v. State Of Mah. Thr. Pso Ps Warud Tq.Warud Dist.Amravati Rural

2022-05-05Hon'Ble Shri Justice Anil S. Kilor3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.287 OF 2022 Sachin Wamanrao Anjikar and others

Versus

State of Maharashtra, through P.S.O., P.S. Warud, Tq. Warud, Dist. Amravati (Rural) Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms Garima Jain, Adv. h/f Shri S.V. Sirpurkar, Adv. for the applicants. Shri S.D. Sirpurkar, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 05/05/2022 1.

The applicants are seeking pre-arrest bail in Crime No.257 of 2022, dated 12.04.2022, registered with Police Station Warud, District Amravati (Rural), for the offences punishable under Sections 341, 384, 395, 504 and 506 read with Section 34 of the Indian Penal Code. 2.

I have perused the Case Diary and also the contents of the First Information Report (FIR). 3.

The applicant Nos.2, 3, 4 and 5 are the news reporters and it appears from the document filed along with the application that on 04.04.2022 i.e. prior to lodgment of the FIR, they have made complaint against the Ahfaz Pehalwan and his brother Shoieb and Shamshuddin Zorauddin Quazi about their illegal acts. Some news items were also published about sand theft in news paper.

According to the applicants, the complainant is the driver on the truck owned by Shoeb Ahmad Ejaj Ahmad against whom the complaints were made. Thus, prima facie it appears that the FIR is a counter blast. Moreover, as the custodial interrogation is not necessary in this case, I am of the opinion that the applicants are entitled for grant of prearrest bail. Accordingly, I pass the following order: a) The criminal application is allowed.

b) It is directed that in the event of arrest of the applicant in Crime No.257 of 2022, dated 12.04.2022, registered with Police Station Warud, District Amravati (Rural), for the offences punishable under Sections 341, 384, 395, 504 and 506 read with Section 34 of the Indian Penal Code, the applicants shall be released on bail on furnishing P.R. Bond of Rs.15,000/- each with one solvent surety in the like amount for each of the applicants.

c) The applicants shall attend the concerned Police Station on 11, 12, 13 and 14th May, 2022 between 09.00 a.m. to 12.00 noon and thereafter, as and when their presence is required.

d) The applicants shall not tamper with the prosecution witnesses.

e) The applicants shall not leave the jurisdiction of the concerned Police station without permission of the Court.

The criminal application is disposed of, accordingly.

[ANIL S. KILOR, J.] Signed By:CHETAN LOPCHAND DHAKATE Personal Assistant to the Hon'ble Judge