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Bombay High CourtABA/301/2018others disposed off

Mannu @ Chandrakumar S/O Devidas Bhimte v. State Of Mah. Through Its Police Station Officer, P.S. Ramnagar, Gondia

2018-05-04Hon'Ble Shri Justice V.M. Deshpande3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.301/2018 Mannu @ Chandrakumar s/o Devidas Bhimte ..vs.. State of Maharashtra through PSO P.S. Ramnagar, Gondia, Dist. Gondia. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. A. Sharma, Advocate for applicant.

Mr. V. Gangane, A.P.P. for non applicant-State. CORAM : V.M. DESHPANDE, J.

DATED : MAY 4, 2018 1.

This is an application for grant of anticipatory bail. The applicant is apprehending his arrest in connection with crime no.57/2015 registered with Police Station, Ramnagar, Gondia for an offence punishable under Sections 364-A, 385, 120-B, 506 read with Section 34 of the Indian Penal Code and Section 66 (e) of the information and Technology Act.

2.

Heard Mr. Sharma, learned counsel for the applicant and Mr. Gangane, learned A.P.P. for the non applicant-State. I have also perused the reply filed on behalf of the prosecution.

3.

The FIR is lodged by one Ritesh Upwanshi which is lodged on 11.06.2015. The learned A.P.P. submits that the investigation is already completed insofar as the present applicant is concerned and the charge-sheet is yet to be filed

before the Court of law. According to the reply, the complainant Ritesh had been to Gondia for his medical treatment and when he was at Central Hospital, Gondia on 02.06.2015, he received a phone call from one Seema Rana. Accordingly, the complainant went to her place. The reply further states that Seema Rana expressed her love for the applicant and she tried to establish physical contact with the complainant and during that process 4-5 persons barged in the house and they took photographs and video of the complainant with the said Seema. It is also stated in the reply that thereafter the accused persons called one car and took the complainant at Ramnagar and threatened him to pay Rs.2,00,000/-to save his skin from the clutches of police. 4.

The reply further discloses that during the course of investigation when the co-accused were arrested and they disclosed that the role of the present applicant is to the extent that he provided car to the other accused persons. 5.

Looking to the role that has been attributed to the applicant, in my view, the applicant has made out a case for grant of bail. Hence, following order is passed.

ORDER

(i) Criminal Application No.301/2018 is allowed.

(ii) In the event of arrest in connection with crime no.57/2015 registered with Police Station, Ramnagar, Gondia for an offence punishable under Sections 364-A, 385,

120-B, 506 read with Section 34 of the Indian Penal Code and Section 66 (e) of the information and Technology Act, the applicant-Mannu alias Chandrakumar s/o Devidas Bhimte, be released on bail on he executing P.R. Bond in the sum of Rs.25,000/- with two solvent sureties in the like amount.

(iii) The applicant shall attend Police Station, Ramnagar, Gondia twice a week i.e. on every Tuesday and Thursday and shall be with the investigating officer from 02.00 p.m. to 05.00 p.m. and shall cooperate with the investigating officer. The applicant shall further attend the police station as and when called by the investigating officer on prior written intimation of 48 hours.

The application is disposed of.

JUDGE kahale