Makrand Balkrushn Kharat v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION Digitally signed by DIKSHA DINESH RANE Date:
2023.03.02 19:03:52 +0530 DIKSHA DINESH RANE ANTICIPATORY BAIL APPLICATION NO.13/2023 MAKRAND BALKRUSHN KHARAT ..APPLICANT VS.
THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Ritesh Thobde a/w. Adv. Changdev S. Shingade for the applicant.
Mr. S. H. Yadav, APP for State.
PI A. A. Jagtap, Vijapur Naka Police Station, Solapur City. ------------ CORAM : M. S. KARNIK, J.
DATE : MARCH 2, 2023.
P.C. :
1.
Heard learned counsel for the applicant and learned APP.
2.
This is an application for pre-arrest bail in respect of First Information Report (FIR) No.6/2022 registered with the Vijapur Naka Police Station, Solapur City, under Sections 109, 420 of the Indian Penal Code, 1860 (hereafter "the IPC", for short) read with Section 66-D of the Information Technology Act, 2000 read with Sections 4 and 5 of the Maharashtra Gambling Act.
3.
There are in all 11 accused. The applicant is arraigned 1/3
as accused no.6. It is alleged that the accused were handling bets in respect of the cricket match which was going on at Australia. The applicant was not present at the time of the raid. His name was roped in on the basis of the statement made by the co-accused. The laptops and mobile phones have been seized. The accused nos.1 to 5 were arrested, have since been released on bail. Two other accused who were not present on the spot, have been granted anticipatory bail.
4.
Considering the nature of the accusations, the applicant can be granted the facility of pre-arrest bail as his custodial interrogation is not required. The applicant must co-operate with the investigation. Hence the application deserves to be allowed by passing the following order.
O R D E R
(a) Application is allowed.
(b) In the event of arrest in connection with First Information Report (FIR) No.6/2022 registered with the Vijapur Naka Police Station, Solapur City, the applicant shall be released on bail on furnishing P.R. Bond to the extent of Rs.25,000/- with one or more sureties in the like 2/3
amount.
(c) The applicant shall report to the concerned police station on 9th and 10th March, 2023, between 11.00 a.m. and 1.00 p.m. and thereafter, as and when called.
(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with evidence.
(e) The applicant shall furnish the details of his residential address and phone numbers to the investigating officer.
5.
The application is disposed of.
(M. S. KARNIK, J.) 3/3