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Bombay High CourtABA/1951/2024allowed

Mitesh Ashok Solanki v. The State Of Maharashtra

2024-12-03Hon'Ble Shri Justice R. N. Laddha3 pages

by CHITRA SANJAY SONAWANE Date:

2024.12.04 02:31:22 +0530 CHITRA SANJAY SONAWANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.1951 of 2024 Mitesh Ashok Solanki Age 31 years, Occ.: Service Residing at Room No.3, Kadiya Chawl, Azad Road, Near Kurle Garage, Vile Parle East, Mumbai - 400 057 ... Applicant

Versus

1. The State of Maharashtra, Through Senior P.P., Vile Parle Police Station, Dist. Mumbai

2. Vidhi Mitesh Vijaybhai Gohel D/11, Vireshwar Sneh Bldg, Dixit Road,Opp. Highway Rose Society, Vile Parle (E), Mumbai - 57.

... Respondents ---- Mr Pankaj R Dubey, for the applicant.

Mr Arfan Sait, APP, for the respondent/ State. Ms Jai Kanade, for respondent No.2.

PSI Sonali Shelar, Vile Parle Police Station, Mumbai, is present. ---- Coram: R.N. Laddha, J.

Date: 3 December 2024.

P.C.:

Heard learned Counsel for the parties.

2.

By this application, the applicant seeks pre-arrest bail in connection with CR No.365 of 2024, registered at Vile Parle

Police Station, Mumbai, for offences punishable under Sections 498-A, 406, 323, 504, 506 read with 34 of the Indian Penal Code.

3.

Without prejudice to the rights and contentions raised in the return of property application dated 18 July 2024, pending before the learned JMFC, the learned Counsel for the applicant hands in a demand draft for Rs.72,500/- to respondent No.2, who is present in the Court and duly identified by her Counsel. This payment is made towards the missing Stridhan articles as recorded in the Court's order dated 25 October 2024. The learned Counsel for respondent No.2, following the instructions, has communicated that there is no objection to granting pre-arrest bail to the applicant. The learned APP has informed the Court that the investigation in this matter has been completed and the charge sheet is in the process of being filed. Furthermore, the learned APP submits that the custody of the applicant is no longer necessary. In view of these submissions and considering the subsequent developments adverted above, the application for pre-arrest bail is hereby allowed in the following terms :

Order (i) In the event of the applicant's arrest in connection with CR No.365 of

2024, registered at Vile Parle Police Station, Mumbai, he be released on bail on executing a PR Bond of Rs.25,000/- and furnishing one or more sureties in the like amount.

(ii) The applicant shall attend the concerned police station as and when required.

(iii) The applicant shall not, himself or through any other person, indulge in any activity that would tamper with the evidence or influence the witnesses in any manner.

4.

The application stands disposed of accordingly. [R.N. Laddha, J.]