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Bombay High CourtABA/423/2022allowed

Guddo @ Raziabi Shaikh Mannu v. State Of Mah. Thr. Pso Ps Raipur Tah. And Dist.Buldhana

2022-06-28Hon'Ble Shri Justice Anil S. Kilor3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.423 OF 2022 Sau. Guddo @ Raziabi Shaikh Mannu

Versus

State of Maharashtra, through P.S.O., P.S. Raipur, Tah. & Dist. Buldhana Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri R.D. Karode, Advocate for the applicant. Ms M.A. Barabde, 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.114 of 2022, dated 24.05.2022, registered with Police Station Raipur, District: Buldhana, for the offences punishable under Sections 143, 147, 149, 332, 353, 504 and 506 of the Indian Penal Code and Section 135 of the Maharashtra Police Act.

2.

Shri Karode, learned counsel for the applicant submits that except the allegations that the applicant standing at some distance and was abusing the Police staff, there are no other allegations against the applicant. 3.

He submits that looking to the allegations against the applicant in the First Information Report (FIR), custodial interrogation of the applicant is not required.

4.

The learned counsel for the applicant submits that seven accused persons have already released on bail and as such, he prays parity.

5.

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

6.

I have perused the Case Diary and also the contents of the FIR.

7.

It appears from the Case Diary and FIR, that the allegations against the applicant is only that she was abusing the Police staff from some distance. There are no criminal antecedents against the applicant.

8.

Seven accused persons have already released on bail and considering the allegations, I am of the opinion that custodial interrogation of the applicant is not necessary. In the circumstances, 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.

c) The applicant shall not tamper with the prosecution witnesses.

d) The applicant 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