Akash S/O Pradip Chandale v. State Of Mah. Thr. Pso Pulgaon Wardha

925-aba-693-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (ABA) No. 693 of 2022 Akash S/o Pradip Chandale

Versus

State of Maharashtra, through Police Station Officer, Wardha Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Mahesh V. Rai, Advocate for the applicant. Ms. Shamsi Haider, APP for the State / Non-applicant CORAM : ANIL S. KILOR, J.

DATED : 23rd NOVEMBER, 2022.

The applicant is seeking anticipatory bail under Section 438 of the Code of Criminal Procedure in Crime No. 0449 of 2022 registered with Police Station Pulgaon, Wardha for the offence punishable under Sections 143, 147, 148, 149, 336, 427 and 452 of Indian Penal Code.

2.

The case of the prosecution is that the applicant with other persons formed an unlawful assembly and broken the glasses of windows of the informant's house and damaged the truck and entered into the house of the informant, thereupon, the above referred offences were registered.

SKNair

925-aba-693-22.odt 3.

The punishment for the offence punishable under Section 452 of Indian Penal Code is seven years. 4.

The other accused are released on bail. Applicant is in Government service. Thus, there is no possibility that the applicant would not be available for trial, if the bail is granted. In the circumstances, though the learned Additional Public Prosecutor is opposing the present application, I am of the opinion that the applicant is entitled for grant of anticipatory bail. Accordingly, I pass the following order.

i.

Criminal application is allowed;

ii.

In the event of arrest in connection with Crime No. 0449 of 2022 registered with Police Station Pulgaon, Wardha for the offence punishable under Sections 143, 147, 148, 149, 336, 427 and 452 of Indian Penal Code, the applicant shall be released on bail on furnishing P.R. Bond of Rs.20,000/- with one solvent surety;

iii.

The applicant shall attend the concerned Police Station as and when his presence is required. [ANIL S. KILOR, J.] by SACHINDANAND K NAIR Date: 2022.11.25 18:03:59 +0530 SACHINDANAND K NAIR SKNair