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Bombay High CourtABA/3430/2024disposed off

Shankar Abhimanyu Gaikwad v. The State Of Maharashtra

2025-02-03Hon'Ble Shri Justice Madhav J. Jamdar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3430OF 2024 SHANKAR ABHIMANYU GAIKWAD ...APPLICANT VS THE STATE OF MAHARASHTRA ...RESPONDENT ____________________________________ Adv. Vikram R. Shinde, Advocate Sagar N. Mane, Advocate for the Applicant.

Mr. Amit Palkar, APP for the State.

____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 3 FEBRUARY 2025 P.C.:

1.

The Applicant is seeking anticipatory bail in connection with the F.I.R. No.0592 of 2024, dated 16 June 2024, registered at Pimpri Police City Police Station, District Pimpri Chinchwad under Sections 352, 392, 504, 506 of the Indian Penal Code, 1860.

2.

It is the case of the Applicant that the First Informant always has with him at least three bodyguards. Therefore, it is difficult to believe that the Applicant was able to steal the gold chain from the neck of the First Informant. He further submits that prior to the filing of the present F.I.R. He had already filed a Complaint with the Police against the First Informant. He also submits that in fact from 21 June 2024 till 24 September 2024, the Applicant was admitted to "New Beginninreg" an

alcohols and drug Rehabilitation center in Thane. He submits that the First Informant, who is a politically connected, managed to lodge the present F.I.R. He also submits that there was a delay of three days in filing the F.I.R. in the present proceedings. 3.

I hereby direct the Police to furnish the details of the First Informant, regarding the cases pending against him and his supporters. As regard the Complaint dated 18 June 2024 filed by the present Applicant against the actions of the First Informant the police are directe to show what action they have taken in that regard. 4.

Taking into consideration the allegations made in the F.I.R. and on the of documents placed on record, I am satisfied that the Interim Protection should be granted to the Applicant. 5.

The Applicant has assured cooperating with the Investigating Agency, therefore, no purpose will be solved by taking custodian interrogation of the applicant and thereafter releasing him on bail. 6.

Stand over to 18 February 2025.

7.

According to me, prima facie case is made out by the Applicant to grant anticipatory Bail on the following condition:-

ORDER

(a) The anticipatory bail application is allowed. (b) In the meanwhile, In the event of arrest in connection with C.R. No. 0592 of 2024, dated 19 June 2024, registered with Pimpri Police

Station, Applicant shall be released on bail on furnishing P.R. bond to the extent of Rs. 30,000/- with one or more sureties of the like amount. (c) The Applicant shall co-operate with the investigation and attend the investigating officer of the concerned police station, as and when called.

(d) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence. (e) The Applicant shall furnish his contact number and residential address to the investigating officer and shall keep him updated, in case there is any change.

(RAJESH S. PATIL, J.)