Pankaj Amrutrao Yadav v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION (ST) NO. 555 OF 2021 (ABA/71/2021) Pankaj Amrutrao Yadav .... Applicant

Versus

The State of Maharashtra .... Respondent ______ Mr. Kalpesh U. Patil, for Applicant.

Mrs. J. S. Lohokare, APP for State/Respondent. ______ CORAM : SARANG V. KOTWAL, J.

DATE : 12th JANUARY, 2021 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R.No.511 of 2020 registered at Umbraj Police Station, Dist. Satara, on 29/11/2020, under sections 452, 323, 504 and 506 of the Indian Penal Code (for short 'IPC').

2.

Heard Shri. Kalpesh Patil, learned counsel for the applicant and Mrs. Lohokare, learned APP for the State. 3.

The First Information Report (for short 'F.I.R.') is Gokhale

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lodged by one Sagar Yadav. He has stated that, on 29/11/2020, at about 6:00p.m. the applicant entered his house and told the informant that the applicant's brother Pravin was contesting the Gram Panchayat election and told the informant not to contest that election. The informant did not immediately agree to his proposal, therefore, the applicant abused him and threatened him that he would shoot everybody in the family and he would set his house on fire. Then he left the place. At 6:30p.m. the informant's cousin Somnath told him that the applicant had threatened the informant's driver and had asked him to leave his job. On these allegations, the F.I.R. was lodged.

4.

The learned counsel for the applicant submitted that the offence is not true. The applicant is falsely implicated because of local politics. The alleged incident had taken place on 29/11/2020. The Gram Panchayat elections are to be held on 15/01/2021. He submitted that the alleged cause of dispute no more survives and in any case he is willing to stay out of that area till the elections are held.

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5.

The learned APP submitted that the applicant has three antecedents against him and, therefore, there has to be check on his activities.

6.

I have considered these submissions. The alleged incident had taken place on 29/11/2020. The dispute was about the elections and local politics. The elections are to be held on 15/01/2021, therefore, practically the reason for this dispute and threats is coming to an end. The learned counsel for the applicant's submission that the applicant will stay out of that area till the elections are held can also be taken into consideration. The applicant's custodial interrogation may not be necessary, though there will have to some check on his activities. Therefore, though I am inclined to grant anticipatory bail to the present applicant, some conditions are also imposed on him.

7.

Hence, the following order :

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ORDER

(i) In the event of his arrest in connection with C.R.No.511 of 2020 registered at Umbraj Police Station, Dist. Satara, the applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

(ii) The applicant shall stay out of Karad Taluka for a period of 10 days from today.

(iii) After 10 days, the applicant shall attend the concerned police station once every week till filing of the charge-sheet.

(iv) Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.)