Arvind Ramdas Gawai v. The State Of Maharashtra, Through P.S.O. Of P.S. Murtizapur, Akola

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.479 OF 2015 Arvind Ramdas Gawai ..vs..

The State of Mah., thr Police Station Officer, of Police Station Murtizapur, Taluka Murtizapur, District Akola ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri S.C. Wankhede, counsel for the applicant. Mrs. Mayuri Deshmukh, Addl. P.P. for the State.

CORAM

: V.M. DESHPANDE, J.

DATED : OCTOBER 5, 2015.

By the present application under Section 438 of the Code of Criminal Procedure, the applicant is seeking the relief of pre-arrest bail, since the applicant is apprehending his arrest in connection with Crime No.205 of 2015, registered with Police Station Murtizapur, District Akola for the offences punishable under Sections 452, 323, 354-A, and 504 of the Indian Penal Code.

Heard learned counsel for the applicant and learned Additional Public Prosecutor for the State. According to the prosecution, first informant Varsha Arjun Chauhan lodged a report against the present applicant that the present applicant had entered into the house of the first informant and mis-behaved with her. According to the prosecution, reply filed on behalf of the .....2/-

investigating officer it discloses that during the course of investigation the statements of some witnesses are recorded. Their statements disclose that the present applicant had entered into the house of the first informant. The apprehension is expressed in the reply of the investigating officer that if the present applicant is directed to be released on bail, possibility of applicant pressurizing the first informant cannot be ruled out. Such apprehension can be taken care of by imposing certain conditions.

Looking to such nature of accusations made against the present applicant, since the applicant has carved out a case in his favour for grant of anticipatory bail and since the custodial presence of the applicant is not warranted, this Court proceeds to pass the following order:-

ORDER

1] The criminal application for grant of anticipatory bail is allowed.

2] In the event of arrest of the applicant in connection with Crime No.205 of 2015, registered with Police Station Murtizapur, District Akola for the offences punishable under Sections 452, 323, 354-A, and 504 of .....3/-

the Indian Penal Code, applicant - Arvind Ramdas Gawai be released on bail on his executing Personal Bond of Rs.10,000/- (Rupees Ten Thousand Only) with one solvent surety in the like amount.

3] The applicant shall attend the concerned police station twice a week and preferably on every Saturday and Wednesday between 3:00 pm to 5:00 pm, till the charge-sheet is filed. 4] The applicant is prohibited from extending any threat whatsoever in nature to the first informant/witnesses.

The criminal application is disposed in aforesaid terms.

JUDGE !! BRW !!

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