Jitesh Vijay Chavhan v. The State Of Mah. Thr. Pso, Ps- Darwha, Tq. Darwha, Dist. Yavatmal.

919.aba.390.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.390 OF 2022 Jitesh Vijay Chavhan

Versus

State of Maharashtra, through P.S.O., P.S. Darwha, Tq. Darwha, Dist. Yavatmal Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.J. Mirza, Advocate for the applicant.

Shri V.A. Thakare, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 28/06/2022 1.

The applicant is seeking pre-arrest bail in Crime No.445 of 2022, dated 17.05.2022, registered with Police Station Darwha, District: Yavatmal, for the offences punishable under Sections 353, 504 and 506 read with Section 34 of the Indian Penal Code.

2.

Shri Mirza, learned counsel for the applicant submits that in this case, even if the allegations made in the First Information Report (FIR) are taken on its face value, Section 353 does not attract.

3.

He further submits that as the friend of the applicant met with an accident and there was no one to attend the injured, some exchange of words had taken place. However, no incident took place as alleged.

C.L.Dhakate

919.aba.390.2022.odt 4.

He further submits that the applicant who is a student, his custodial interrogation is not necessary in this case. Accordingly, he prays for grant of bail. 5.

On the other hand, Shri Thakare, learned APP strongly opposes the present application.

6.

I have perused the Case Diary and also the contents of the First Information Report (FIR). 7.

In the Case Diary, there is a panchnama of CCTV footage, which supports the case of the prosecution. Moreover, there are statements of witnesses which corroborate the story of the prosecution. Thus, in view of the fact that there is prima facie incriminating material available on record and considering the seriousness of the matter, I am not inclined to grant bail.

8.

Though, the applicant attended the concerned Police Station during the period when applicant was on ad-interim anticipatory bail, I am of the opinion that the custodial interrogation, is necessary. In the circumstances, I pass the following order:

The criminal application is rejected.

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