Soni Uday Pawar v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1303 OF 2024 Sony Uday Pawar .... Applicant versus The State of Maharashtra .... Respondent .......

• Mr. Priyal Sarda a/w Shubham Sane a/w Seema Dighe, Advocate for Applicant.

• Mr. Avinash A. Naik, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL, J.

DATE : 09th MAY, 2024 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R.No.196/2024, dated 20/04/2024, registered with Wadner Khakurdi Police Station, Nashik Rural, under sections 394, 504, 506 r/w 34 of the Indian Penal Code. 2.

Heard Mr. Priyal Sarda, learned counsel for the Applicant and Mr. Avinash A. Naik, learned APP for the State. 3.

The FIR is lodged by one Pradip Bhamre. He has stated that he had gone to Malegaon on 19/04/2024, and was returning to his village with his friend Vishwanath Jagtap. At Digitally signed by MANUSHREE NESARIKAR Date:

2024.05.10 14:54:27 +0530 MANUSHREE NESARIKAR around 10.30 p.m., he parked his motorcycle at the side of the Nesarikar

2 / 3 road. At that time, two motorcycles came near him. They were 3 men and one woman. They removed the ignition key of the motorcycle. They assaulted the informant and his friend. They abused him and removed the mobile phones from both of them. They also took cash of Rs.7,500/- from Vishwanath and then they went away. On this basis, the FIR is lodged. 4.

The FIR mentions that two of the accused were arrested shortly viz. Devendra Borikar and Rohan Ghusar. These accused gave name of the present Applicant.

5.

Learned counsel for the Applicant submitted that the Applicant is a lady. She has a 6 year old son. Learned counsel submitted that the Applicant has not committed any offence. There is no recovery effected from the arrested accused, though they were arrested immediately. The allegations against the Applicant are vague. Her identity is not established. He submitted that leniency be shown to her because she has a 6 year old son. 6.

Learned APP seeks time as he does not have instructions.

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Considering the submissions made by the learned counsel for the Applicant, today the Applicant can be protected by way of ad-interim relief.

8.

Hence, the following order :

O R D E R

(i) In the event of her arrest in connection with C.R.No.196/2024, dated 20/04/2024, registered with Wadner Khakurdi Police Station, Nashik Rural, till the next date, the Applicant is directed to be released on bail on her furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

(ii) The Applicant shall attend the concerned Police Station as and when called and shall cooperate with the investigation.

(iii) This order shall operate till 05/07/2024.

(iv) Stand over to 05/07/2024.

(SARANG V. KOTWAL, J.)