Vijay S/O Uttamrao Iche v. State Of Mha. Thr. Pso Ps Karanja Rural Tq.Karanja Dist.Washim

15-aba-502-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 502 OF 2022 Vijay Uttamrao Iche Versus State of Maharashtra, thr. PSO PS Karanja Rulral, Tq. Karanja, District Washim.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri T.U.Tathod, counsel for the applicant.

Shri S.D.Sirpurkar, APP for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 03/08/2022 1.

The applicant is seeking pre-arrest bail in connection with Crime No. 269 of 2022, registered with Police Station Karanja(Rural), District Washim for the offences punishable under Sections 353, 504 and 506 of the Indian Penal Code.

2.

Learned counsel for the applicant submits that no overt act is attributed to the applicant in the FIR. 3.

He further submits that he has been falsely implicated in the alleged offence.

4.

He lastly argues that considering the allegations made in the FIR, custodial interrogation of the applicant is not necessary.

5.

On the other hand, learned APP strongly opposed the present application.

6.

I have perused the Case-diary and the FIR.

rkn

15-aba-502-2022.odt 7.

From the contents of the FIR, it can be seen that prima-facie, no overt act is attributed to the applicant. Furthermore, considering the nature of the allegations, I am of the opinion that custodial interrogation of the applicant is not necessary, particularly in view of the fact that the applicant has already attended the concerned Police Station as directed by this Court, while granting ad-interim anticipatory bail dated 06/07/2022. Accordingly, I pass the following order:

a) The criminal application is allowed.

b) Order dated 06/07/2022, granting adinterim bail, is confirmed. c) The State is granted liberty to move for cancellation of bail, in case of breach of any condition or if the applicant repeats similar offence.

The criminal application is disposed of, accordingly.

[ANIL S. KILOR, J.] Signed By:RAJESH K NANDURKAR Personal Assistant to the Hon'ble Judge rkn