Akshay Shamrao Gaikwad v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 29 OF 2025 Akshay Shamrao Gaikwad ...Applicant
Versus
The State of Maharashtra
...Respondent
....
Mr. A. P. Mundargi, Senior Advocate i/b Mr. Abhijit B. Kadam and Mr. Ashish Chavan, Advocate for the Applicant. Mrs. G. S. Rao, A.P.P. for the Respondent - State. Mr. Nitin N.(API), Phaltan City Police Station, present. ....
CORAM
:
N. R. BORKAR, J.
DATE :
17th JANUARY, 2025.
P.C.
:
1.
This is an application for anticipatory bail. 2.
The applicant is apprehending his arrest in Crime No.619 of 2024 registered at Phaltan City Police Station, Dist. Satara for the offences punishable under Sections 126(1), 309(4), 115(2), 352, 351(2), 351(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3.
The alleged incident took place on Dahiwadi - Phaltan Road near Kokre Hospital, while the complainant and his father were traveling in a car and were
going for purchasing furniture. It is alleged that car of the complainant was stopped and he was assaulted and gold chain which was on his person was snatched.
4.
Learned Senior Counsel for the applicant submits that the applicant is a Grampanchayat Member and Director of Agricultural Produce Market Committee, Phaltan. It is submitted that the wife of applicant is a doctor. It is submitted that dispute arose between the parties on account of driving of the vehicles, however, to make it more serious the false allegations are made that gold chain was snatched. It is submitted that there are no other criminal antecedents against the applicant.
5.
On the other hand, the learned A.P.P. for the Respondent - State submits that the custodial interrogation of the present applicant is necessary, as the gold chain is to be recovered.
6.
I have perused the First Information Report. Prima facie there appears to be substance in the submission of the learned Senior Counsel for the applicant. Considering the overall facts and circumstances of the case and as there are no
other criminal antecedents against the applicant, I am inclined to release him on anticipatory bail.
ORDER
(i) Anticipatory Bail Application is allowed;
(ii) In the event of arrest of the applicant in connection with Crime No.619 of 2024 registered at Phaltan City Police Station, Dist. Satara for the offences punishable under Sections 126(1), 309(4), 115(2), 352, 351(2), 351(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, the applicant be released on bail on furnishing P. R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount;
(iii) The applicant shall attend the concerned Police Station as and when called by the Investigating Officer and shall co-operate with the Investigation.
(iv) Anticipatory Bail Application stands disposed of accordingly.
(N. R. BORKAR, J.)