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Bombay High CourtABA/417/2022allowed

Vinod Kisan Rathod v. State Of Mha. Thr. Pso Ps Digras Dist.Yavatmal

2022-07-01Hon'Ble Shri Justice Anil S. Kilor2 pages

928.aba.417.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.417 OF 2022 Vinod Kisan Rathod

Versus

State of Maharashtra, through P.S.O., P.S. Digras, 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 R.J. Shinde, Advocate for the applicant. Ms Shamsi Haider, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 01/07/2022 1.

The applicant is seeking pre-arrest bail in Crime No.396 of 2022, dated 05.06.2022, registered with Police Station Digras, District: Yavatmal, for the offences punishable under Sections 353, 504 and 506 of the Indian Penal Code.

2.

Shri Shinde, learned counsel for the applicant submits that the applicant has been falsely implicated in the alleged offence. He further submits that he requested the complainant not to disconnect the electricity and except exchange of few hot words nothing had been happened. However, a false complaint came to be registered against the applicant.

C.L.Dhakate

928.aba.417.2022.odt 3.

On the other hand, Ms Shamsi Haider, learned APP opposes the present application.

4.

I have perused the Case Diary and also the contents of the First Information Report (FIR). 5.

Considering the allegations made in the FIR, I am of the opinion that the custody of the applicant is not necessary. Moreover, there is nothing to show that there is any possibility that the applicant would pressurize the prosecution witnesses or tamper with the prosecution evidence or he will not be available for the trial, if bail is granted. Accordingly, I pass the following order: a) The criminal application is allowed.

b) Order passed by this Court on 21.06.2022, granting ad interim anticipatory bail, is confirmed with modification that the applicant shall attend the concerned Police Station as and when his presence is required.

The criminal application is disposed of, accordingly.

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