Subhash S/O Shioba Jadhav v. State Of Maharashtra Thr P.S.O. P.S. Risod, Dist. Washim And Another
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 103 OF 2025 Wasim Parwez Akhtar Akram ...Applicant
Versus
The State of Maharashtra
...Respondent
....
Mr. Shyamrishi Pathak a/w Ms. Gayatri Pinkyar and Ms. Jyoti Barai, Advocate for the Applicant.
Mrs. P. S. Rane, A.P.P. for the Respondent - State. Mr. Parkhe (PSI), Ulva Police Station, present. ....
CORAM
:
N. R. BORKAR, J.
DATE :
20th JANUARY, 2025.
P.C.
:
1.
This is an application for anticipatory bail. 2.
The applicant is apprehending his arrest in Crime No.180 of 2024 registered at Nhava Sheva Police Station, Navi Mumbai for the offences punishable under Sections 121(1), 132 and 281 of the Bhartiya Nyaya Sanhita, 2023 (for short "BNS").
3.
According to prosecution, on the date of alleged incident which took place on 14.11.2024, on the eve of the election to State Assembly complainant and another police personnel were taking a search of the vehicles on Mumbai
Harbour trans link road. The present applicant, who was going by the said road by a car bearing No.MH- 01/CT - 5297 was asked to stop his car for search. It is alleged that the applicant pretended that he is stopping his car by slowing down the speed of his car, however, when the complainant and other Police personnel came near his car, he sped away. It is alleged that when the complainant was following him by motorcycle, the applicant gave a dash to the motorcycle of the applicant due to which he sustained injuries.
4.
I have heard the learned counsel for the applicant and learned A.P.P. for Respondent - State.
5.
Learned counsel for the applicant submits that the applicant is a business man. It is submitted that no such incident of giving dash to the motorcycle of the complainant had occurred. It is submitted that there are no other criminal antecedents. It is submitted that nothing is to be recovered at the instance of the applicant and therefore, there is no need of custodial interrogation. It is submitted that the applicant be therefore released on anticipatory bail.
6.
On the other hand, learned A.P.P. for the Respondent -
State submits that there is an independent eye-witness to the alleged incident of giving dash to the motorcycle of the complainant. It is submitted that considering the nature offence, the applicant may not be released on anticipatory bail.
7.
The applicant is not disputing the fact that he was asked to stop his car by the complainant and other Police Personnel and he did not stop. There is eye-witness, who has seen the applicant giving dash to the motorcycle of the complainant.
8.
Considering the nature of crime, I am not inclined to release the applicant on anticipatory bail. The application is rejected.
(N. R. BORKAR, J.)