Moin Sadaqat Pechkar v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 212 OF 2025 Moin Sadaqat Pechkar ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Mr. Owais Anwar Pechkar a/w Mr. Shubham Upadhyay, Advocate for the Applicant.

Mr. V. A. Kulkarni, A.P.P. for the Respondent - State. Mr. V. S. Nikam (P.S.I.), Chiplun Police Station, present. ....

CORAM

:

N. R. BORKAR, J.

DATE :

23rd JANUARY, 2025.

P.C.

:

1.

This is an application for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No.302 of 2024 registered with Chiplun Police Station District : Ratnagiri, for the offences punishable under Sections 352, 351(3), 351(2), 324(4), 190, 189(4), 189(2), 126(2), 117(2), 115(2), 109(1) of the Bhartiya Nyaya Sanhita, 2023 (for short "BNS").

3.

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

4.

According to the prosecution, on 06.12.2024 at about 10:00 p.m., the present applicant and other co-accused assaulted the complainant on account of previous dispute and attempted to commit his murder. It is alleged that Usman Zagde and Mohammad Ali were also assaulted. 5.

I have perused the First Information Report. No specific overt act is attributed to the present applicant in the crime in question. The motive for alleged crime is not attributed to the present applicant. There are no other criminal antecedents against the present applicant. Considering the over all facts and circumstances of the case, I am inclined to release the applicant on anticipatory.

ORDER

(i) Anticipatory Bail Application is allowed;

(ii) In the event of arrest of the applicant in connection with Crime No.302 of 2024 registered with Chiplun Police Station District : Ratnagiri, for the offences punishable under Sections 352, 351(3), 351(2), 324(4), 190, 189(4), 189(2), 126(2), 117(2), 115(2), 109(1) of

the BNS, 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 in the Investigation;

(iv) Anticipatory Bail Application stands disposed of accordingly.

(N. R. BORKAR, J.)