Raju Subhash Lasankar v. The State Of Mah. Thr. Pso, Ps Manora, Tah. Manora, Dist. Washim.

2024:BHC-NAG:299

(1) 22.aba.724.2023

IN THE HIGH COURT OF

JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.724 OF 2023 Raju Subhash Lasankar Vs.

The State of Maharashtra, Through Police Station Officer, Police Station, Manora, District Washim ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Bhushan Dafle, Advocate for applicant.

Mr. N. R. Rode, APP for respondent/State.

CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 09/01/2024 1.

By preferring this application, the applicant is seeking pre-arrest bail in connection with Crime No. 87/2023 registered with Police Station, Manora, District Washim for the offence punishable under Sections 323, 395, 504 and 506 read with Section 34 of the Indian Penal Code.

2.

The crime is registered on the basis of report lodged by Jagdish Ramdas Dhamnikar on an allegation that he is the owner of one shop namely 'Devanshi Daily Needs' which he has given on the rent. The applicant and his wife were insisting the informant to give his shop on rent to them to start their meat shop for which the informant was denied and therefore, he was abused and assaulted on 19.07.2022 at about 7.00 p.m. to 7.30 p.m. It is further alleged by the informant that the present applicant has snatched the golden chain. On the basis of

(2) 22.aba.724.2023 said report, police have registered the crime against the present applicant and other co-accused.

3.

Learned Counsel for the applicant submitted that with the false allegation this FIR is lodged. The other co-accused are already released on anticipatory bail. As far as the snatching of golden chain is concerned, the allegation is false. The custodial interrogation of the present applicant is not required and in view of that, he be released on anticipatory bail. 4.

The said application is strongly opposed by the State on the ground that the golden chain is to be recovered from the present applicant and therefore, anticipatory bail deserves to be rejected.

5.

After hearing both the sides and on perusal of the FIR, it reveals from the previous dispute the alleged incident appears to be occurred. As far as the custodial interrogation is concerned, which is not required. The Investigating Officer has already recorded the relevant statements of the witnesses. In view of that, application deserves to be allowed by imposing certain conditions. Accordingly, I proceed to pass following order.

ORDER

(i) The application is allowed.

(ii) The applicant Raju Subhash Lasankar be released on anticipatory bail in the event of his arrest in connection with Crime No. 87/2023 registered with Police Station, Manora, District Washim for the

(3) 22.aba.724.2023 offence punishable under Sections 323, 395, 504, 506 read with Section 34 of the Indian Penal Code, on executing PR bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

(ii) The applicant shall attend the Police Station once in a week on Sunday between 10.00 a.m. to 1.00 p.m. and shall cooperate with the investigating agency.

(iii) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate