Dilip Dhanu Sahu v. State Of Maharashtra

HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.15 OF 2025 Dilip Dhanu Sahu .. Applicant

Versus

State of Maharashtra .. Respondent ....................

 Mr. Sunil Pandey, Advocate for Applicant.

 Ms. Sarita Mahesh Yadav, APP for Respondent - State of Maharashtra.

 Mr. Priyanshu S. Mishra, Advocate for original Complainant. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : JANUARY 07, 2025 P.C.

:

1.

Heard Mr. Pandey, learned Advocate for Applicant; Ms. Yadav, learned APP for Respondent - State of Maharashtra and Mr. Mishra, learned Advocate for original Complainant. 2.

Applicant before me is arraigned as Accused No.6 in a group of seven Accused in Crime No.307 of 2024 registered under Sections 115(2), 118 (1), 118(2) and 3(5) of Bharatiya Nyaya Sanhita, 2023 registered with Marine Drive Police Station. The place of incident is INOX Theatre near Nariman Point where the Accused and Complainant confronted each other. They incidentally happen to be mutual friends known to each other.

3.

The incident took place when the Accused was leaving the Theatre at about 07:30 p.m. in the evening and he raised a dispute

with Complainant with respect to uploading of a video on the mobile phone and Instagram one of his common friend. The altercation and scuffle took place outside the Theatre at about 08:00 p.m. on 06.12.2024. Present Applicant - Dilip Sahu was accompanied by the main Accused No.1 and he attempted to quell the scuffle between Accused No.1 and Complainant. There is no other role attributable to the Applicant of having committed any other Act. Applicant is a student and his age is 20 years.

4.

With the able assistance of the learned Advocate of Applicant as also, Advocate for Complainant who is present before me who does not object and leaves it to the Court to pass appropriate order and learned APP, I have perused the complaint which is appended at page Nos.11 to 13 of the Application. Considering the fact that the principal Accused No.1 has been granted bail by the Magistrate's Court and the role of the Applicant at the time of incident as stated in the FIR, I am inclined to allow the present Application. The present Anticipatory Bail Application is allowed in terms of prayer clause (a), however subject to the following terms and conditions:- (i) In the event of the arrest, Applicant be enlarged on bail on executing P.R. Bond in the sum of Rs.5,000/- with one or two sureties in the like amount;

(ii) Applicant shall report to the Investigating Officer at

concerned Police Station, as and when called for by the Investigating Officer for investigation;

(iii) Applicant shall furnish particulars of his address and mobile number to the Investigating Officer within one week from today;

(iv) Applicant shall not misuse his liberty in any manner or influence the informant, witnesses or any person concerned with the case and he shall not tamper with the evidence; and (v) It is directed that Applicant shall extend complete cooperation in the investigation of the instant case. 5.

Parties to act on a server copy of this order. 6.

Anticipatory Bail Application stands allowed and disposed. H. H. SAWANT [ MILIND N. JADHAV, J. ] HARSHADA HANUMANT SAWANT Date: 2025.01.08 10:37:02 +0530 HARSHADA HANUMANT SAWANT