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Bombay High CourtABA/624/2022allowed

Uttam Devidas Telgote v. State Of Mah. Thr. Pso Ps Dahihanda Tq.Akot Dist.Akola

2022-08-30Hon'Ble Shri Justice Anil S. Kilor2 pages

1 19-ABA624-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.

OF 20 (UTTAM DEVIDAS TELGOTE....VS.. STATE OF MAH. THR. PSO PS DAHIHANDA, DIST. AKOLA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.B.Bhise, Advocate for Applicant.

Shri V.A.Thakre, A.P.P. for Non-applicant/State. CORAM : A NIL S. KILOR , J.

DATED : AUGUST 30, .

1.

Heard.

2.

By this application under Section 438 of the Code of Criminal Procedure the applicant is seeking prearrest bail in Crime No.302 of 2022, registered with Police Station, Dahihanda, District: Akola for the offence punishable under Section 7 and 7A of the Prevention of Corruption Act, 1988.

3.

The learned counsel for the applicant submits that the applicant is a Gram-Sevak and he has been falsely implicated in the alleged offence. He further submits that considering the allegations made in the F.I.R. custodial interrogation of the applicant is not necessary. 4.

On the other hand learned A.P.P. strongly opposed the application and prays for rejection of the present application.

2 19-ABA624-2022 5.

I have perused the case diary and the application. The applicant is Gram Sevak and the offence is under Sections 7 and 7A of the Prevention of Corruption Act 1988. Considering the allegations made in the F.I.R., I am of the opinion that the custodial interrogation of the applicant is not necessary. Accordingly, I pass the following order :

i) The application is allowed.

ii) The order dated 23/08/2022, granting adinterim bail to the applicant, is confirmed. iii) The applicant shall attend the concerned Police Station on 07/09/2022, 08/09/2022 and 09/09/2022 between 10:00 a.m. and 12:00 noon and thereafter as and when his presence is necessary.

iv) The applicant shall give his voice sample and co-operate the Investigating Officer in the investigation.

The Criminal Application is disposed of accordingly.

Signed By:RAJIV BABARAO RAUT PRIVATE SECRETARY JUDGE RRaut..