Gaurav Rajaram Waghmare v. The State Of Maharashtra

2024:BHC-AS:44799 20 Aba-3083-24.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3083 OF 2024 Gaurar Rajaram Waghmare.

...Applicant.

Versus

State of Maharashtra.

...Respondent.

------ Mr. Zaid Queresh and Mr. Uday Kanojia for the Applicant. Mr. Sainath S. Garade, Mr. yogesh Sukale i/b Mr. V. Konde Deshmukh for the Intervener.

Mr. S. G. Thalhar, APP for the Respondent-State. ------ Coram : Sharmila U. Deshmukh, J.

Date : November 25, 2024.

P. C. :

1.

Not on board. Upon mentioning, taken on production board. 2.

The present application has been preferred under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [for short "BNSS"] seeking pre-arrest bail in connection with FIR No.455 of 2024 registered with Rajgad Police Station, Pune Rural under Sections 49, 352, 351(3), 351(2), 3(5), 118(2), 115(2) and 109 of the Bharatiya Nyay Sanhita, 2023.

3.

By order dated 31st October 2024 this Court had granted interim relief to the Applicant.

4.

Perusal of the FIR would indicate that the role which is attributed to the present Applicant is that during the assault by the main accused, Patil-SR 1 of

20 Aba-3083-24.doc the waiter tried to intervene and the Applicant pushed him and threatned him. By the order of even date, the main accused who is accused of the assault with glass bottle, has been granted regular bail by this Court.

5.

Considering that there was no corroboration to the said incident, this Court had granted pre-arrest bail as and by way of interim relief. Although time was sought by the informant to place the further material on record, nothing has been placed on record. 6.

In the light of above, the interim relief is confirmed as final relief on the following terms and conditions :

In the event of arrest, the Applicant be released on furnishing PR bond of Rs.15,000/- with one or two sureties of like amount. The Applicant to attend the concerned police station as and when called. The Applicant not to give any inducement or threat to any witness or tamper with evidence.

7.

Application stands disposed of.

[Sharmila U. Deshmukh, J.] Patil-SR 2 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 25/11/2024 20:00:38