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Bombay High CourtABA/3576/2024rejected

Swapnil Shivaji Choudhari v. State Of Maharashtra

2025-01-13Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3576 OF 2024 Swapnil Shivaji Choudhari ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Mr. Sujay Hemant Gangal, Advocate for the Applicant. Mr. T. G. Khan, A.P.P. for the Respondent - State. WPSI Matale, Uruli Kanchan Police Station, Pune, Present. ....

CORAM

:

N. R. BORKAR, J.

DATE :

13th JANUARY, 2025.

P.C.

:

1.

This is an application for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No. 187 of 2024 registered at Uruli Kanchan Police Station, Pune for the offences punishable under Sections 308, 324, 323, 427, 504, 506, 143, 147, 149 of Indian Penal Code.

3.

It is the case of the prosecution that on the date of incident which took place on 29.05.2024, the applicant and other co-accused had gone to Abhiram Bar and Restaurant. They consumed liquor there and refused to pay the bill. It is alleged that when they were asked to pay the bill they assaulted the owner of

the bar so also the employees working there. It is further alleged that they caused damage to the vehicle which were parked in front of the said bar.

4.

I have heard the learned counsel for the parties and learned A.P.P. for the Respondent-State.

5.

The learned counsel for the applicant submits that the applicant is working in Bangalore. It is submitted that if the applicant is arrested, it would adversely affect his service career. It is submitted that the applicant is aged about 25 years. Nothing is to be recovered at the instance of the applicant and there is no need of custodial interrogation. It is submitted that considering the facts and circumstances, the applicant be released on anticipatory bail subject to certain conditions.

6.

On the other hand, the learned A.P.P. for the RespondentState submits that the specific overt act is attributed to the present applicant. It is submitted that the applicant is involved in one more crime for the offence punishable under Section 324 of the IPC. It is submitted that applicant may not be released on anticipatory bail. 7.

I have perused the First Information Report. According to the First Information Report, the present applicant has assaulted

the bar owner by iron pipe. One of the worker working in the bar sustained injury due to the stone pelted by the present applicant. Considering the over all facts and as the applicant is involved in one more crime, I am not inclined to release him on anticipatory bail. The application is rejected.

(N. R. BORKAR, J.)