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Bombay High CourtABA/807/2022rejected

Nikhil S/O Sunil Sardar And Another v. State Of Mha. Thr. Pso Ps Akot File Akola Dist.Akola

2022-12-05Hon'Ble Shri Justice Anil S. Kilor2 pages

73aba807.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 807 OF 2022 Nikhil s/o Sunil Sardar and another .Vs. State of Maharashtra, thr. PSO., P.S. Akot File, Dist. Akola. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr A.M. Tirukh, Advocate for the applicants.

Ms Shamshi Haider, Advocate for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 05/12/ 1.

Heard.

2.

The applicants are seeking ad-interim bail in connection with Crime No. 632 of 2022 registered with Police Station Akot File, District Akola for the offences punishable under Sections 353, 379, 279, 337, 504, 506 and 186 of the Indian Penal Code, 1860.

3.

In this case, the allegations against the applicants are that of theft of sand and creating obstructions in the official duty of the Tahsildar, while he was performing his official duty.

4.

To claim parity it is submitted that, the father and mother of the applicants, who are the co-accused in this case, are released on bail. However, on perusal of the order granting ad-interim bail, it can be seen that the father was granted bail because he was 71 years of old and initially both were not present at the spot, when the incident took place.

rkn

73aba807.2022.odt 5.

Considering the offence which is serious in nature. Though there are no antecedents, but some deterrence is required in such types of matters.

6.

Accordingly, because there is sufficient incriminating available on record which prima-facie show the involvement of the applicant, I am not inclined to grant pre-arrest bail. Accordingly, I pass the following order:

The criminal application is rejected.

JUDGE Signed By:RAJESH K NANDURKAR rkn