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Bombay High CourtABA/577/2023disposed off

Baburao S/O Abhiman Bansode v. State Of Maharashtra And ANR

2023-03-10Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 577 OF 2023 Baburao s/o. Abhiman Bansode .... Applicant v/s.

The State of Maharashtra and anr.

.... Respondents Mr. K.R. Doke for the Applicant.

Mr. Shrikant Yadav, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 10th MARCH, 2023.

P. C. :- .

This is an Application under section 438 of Cr.P.C. filed by the aforesaid Applicant apprehending his arrest in C.R.No.164/2022 registered with Barshi Taluka Police Station, Dist. Solapur for offences punishable under sections 188, 294, 323, 353, 504, 506 of the Indian Penal Code.

2.

Heard learned counsel for the Applicant and learned APP for the State. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties. 3.

The allegations against the Applicant are that he has abused the Complainant who is the Head Constable. Order dated 24/02/2023 1/3

records that the Applicant was drunk and he too sustained injuries in the scuffle. Considering the aforesaid facts and circumstances, this Court had granted interim protection to the Applicant. Learned APP states that pursuant to the order dated 28/02/2023, the Applicant has reported to the Investigating Officer and has co-operated with the investigation.

4.

In view of the above, this would not be a case which would justify custodial interrogation. Hence, the Application is allowed on the following terms and conditions :- (a) In the event of arrest of the Applicant in C.R.No.164/2022 registered with Barshi Taluka Police Station, Dist. Solapur, he shall be released on bail on furnishing bail bonds in the sum of Rs.25,000/- with one or two sureties in the like amount ;

(b) The Applicant shall report to the Investigating Officer as and when required by the Investigating Officer ; (c) The Applicant shall not interfere with the complainant and the other witnesses and shall not tamper with the 2/3

evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case in any manner ;

(d) The Applicant shall keep the Investigating Officer informed of his current address and mobile contact numbers, and/or change of residence or mobile details, if any, from time to time.

5.

The Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) PREETI JAYANI by PREETI H JAYANI Date: 2023.03.14 11:22:49 +0530 3/3