Ravi Kisan Bhosale v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2676 OF 2024 Ravi Kisan Bhosale ...
Applicant vs.
The State of Maharashtra and another ...
Respondents Mr. Viresh Purwant a/w. Ms. Pradnya Borhade for applicant. Mr. Mayur S. Sonavane, APP for respondent No.1-State. Mr. K. M. Nalge, H.C., Chinchwad Police Station, District Pimpri-Chinchwad. CORAM : MANISH PITALE, J.
DATE :
03rd OCTOBER, 2024 P.C. :
.
Heard learned counsel for the applicant and the learned APP for the respondent No.1-State.
2.
The applicant is apprehending arrest in connection with FIR No.0287 of 2024 dated 14.07.2024, registered at Chinchwad Police Station, District Pimpri-Chinchwad, for offences under Sections 115, 118, 352 and 74 of the Bharatiya Nyaya Sanhita, 2023 (BNS).
3.
The FIR is registered on the basis of a statement given by the informant, who claims that on the date and time of the incident, the applicant visited her house. He asked for her husband and claimed that her husband owed certain amount to him. Since the informant's husband was unwell, he could not come out and meet the applicant, due to which, the applicant was enraged and he allegedly abused the informant and slapped her. Thereafter, he allegedly picked up a steel plate and hit the informant. 1/3
4.
This Court has considered the documents filed with the application. In this case, although there is a specific allegation with regard to the assault by means of a steel plate, it would be necessary to peruse the injury certificate to understand the exact nature and intensity of the assault. In any case, the investigation papers would have to be perused to understand as to in what manner the aforesaid assault allegedly launched by the applicant on the informant, was with the intention to outrage her modesty. In any case, it needs to be examined as to whether offences under Sections 74 and 118 of the BNS are made out or not. The applicant is ready to co-operate with the investigation and hence, while keeping the present application pending, this Court is inclined to grant interim relief to the applicant. 5.
In view of the above, there shall be interim relief in the following terms:
(a) Till the next date, in the event the applicant is arrested in connection with FIR No.0287 of 2024 dated 14.07.2024, registered at Chinchwad Police Station, District Pimpri-Chinchwad, he shall be released on bail on furnishing PR Bond of 25,000/- and one or two sureties in the like ₹ amount to the satisfaction of the trial court. (b) The applicant shall appear before the investigating officer on 05.10.2024 and 07.10.2024 between 10:00 a.m. and 12:00 noon and thereafter as and when required by the investigating officer. (c) The applicant shall not influence the informant, witness or any person concerned with the case and shall not tamper with the evidence. He shall co-operate with the investigation.
(d) The applicant shall not contact the informant in any manner whatsoever, till the filing of chargesheet.
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6.
Needless to say, violation of any of the aforesaid conditions may result in this order being cancelled.
7.
The learned APP shall take specific instructions as to whether the applicant has any criminal antecedents.
8.
List the application for further consideration on 12.11.2024, to be included in the supplementary list.
(MANISH PITALE, J) Priya Kambli 3/3