Anand S/O. Manik Lanjewar (Monk) v. The State Of Maharashtra Thr. The Police Station Officer Butibori Police Station Nagpur

1 aba377.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRI. APPLICATION (ABA) NO. 377 OF 2017 (ANAND MANIK LANJEWAR (MONK)...VS.. STATE OF MAH. THR. P.S.O. PS BUTIBORI) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.P.Sonwane, Advocate for Applicant.

Shri V.A.Thakare, A.P.P. for Non-applicant.

CORAM : Z.A.HAQ, J.

DATED : JUNE 08, 2017.

Heard.

The applicant, who is a Monk, seeks pre-arrest bail in the crime registered against him for the offences punishable under Sections 354, 354(A), 354(B), 509, 323, 504, 506 read with Section 34 of the Indian Penal Code. In paragraph No.1 of the application the applicant has stated that he is not involved in any other crime/ offence earlier. The accusations against the applicant are that when the complainant objected the applicant and his associates for affixing posters containing defamatory contents about husband of the complainant on the wall of her house, the applicant caught-hold of hand of the complainant's daughter and abused her daughter in filthy language and assaulted the complainant and her family members. A copy of the reply submitted by the Investigating Agency before the Sessions Court is placed on record. In this reply the prayer of the applicant for directions to release him on pre-arrest bail is opposed on the general ground that if the

2 aba377.17 applicant is released on pre-arrest bail he may pressurize the witnesses. Except for this general statement there is nothing in the reply on the basis of which it can be said that the custody of the applicant is necessary for further investigation. Considering the facts of the case and relying on the statement made by the applicant that earlier he is not involved in any other crime/ offence, in my view, the applicant is entitled for pre-arrest bail.

Hence, the following order :

In the event of arrest in Crime No. 252 of 2017, registered by the non-applicant, the applicant be released on bail on furnishing P.R. Bond in the sum of Rs.Ten Thousand with one solvent surety in the like amount.

The application is allowed accordingly.

JUDGE RRaut..