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Bombay High CourtABA/713/2022rejected

Jay Vilas Meshram v. The State Of Mha. Thr. Station House Officer Yavatmal City Ps Tq. And Dist. Yavatmal

2022-11-29Hon'Ble Shri Justice Anil S. Kilor2 pages

17aba713.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 713 OF 2022 Jay Vilas Meshram .Vs. State of Maharashtra, thr. PSO PS. Yavatmal City, Tq. & Dist. Yavatmal.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri V.D. Darne, Advocate for the applicant.

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

DATED : 29/11/ 1.

Heard.

2.

The applicant is seeking anticipatory bail in connection with Crime No. 296/2022 registered with Police Station Yavatmal City, District Yavatmal for the offences punishable under Sections 143, 144, 147, 148, 149, 302, 307 of the Indian Penal Code.

3.

It is submitted that, that the applicant was not named in the FIR though the complainant is the resident of same village and people know him. It is, therefore, submitted that it is sufficient to say that the applicant is not involved in the alleged offence.

4.

I have gone through the case-diary and the contents of the FIR.

5.

The FIR states that there were two to three other persons with the accused, who were named in the FIR. In addition to this, the statement of witnesses recorded by the rkn

17aba713.2022.odt investigating officer, during the investigation, disclosed the name of the applicant.

6.

Thus, there is prima-facie sufficient incriminating material against the applicant to connect with the alleged offence.

7.

The offence is serious and considering the maximum punishment and the request of the learned APP that custodial interrogation of the applicant is necessary, I am of the opinion that, the applicant is not entitled to grant prearrest bail. Accordingly, I pass the following order: The criminal application is rejected.

JUDGE Signed By:RAJESH K NANDURKAR rkn