Ayush Subhash Chaudhari v. State Of Maharashtra And ANR
2025:BHC-AS:8912 Diksha Rane 9. ABA 416-25.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 416/2025 AYUSH SUBHASH CHAUDHARI ..APPLICANT VS.
THE STATE OF MAHARASHTRA & ANR.
..RESPONDENTS ------------ Mr. R. R. Tripathi for applicant.
Mr. A. A. Palkar, APP for State.
------------ CORAM : RAJESH S. PATIL, J.
DATE : FEBRUARY 25, 2025.
P.C. :
1.
This application is filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2024 in connection with the First Information Report (FIR) No.35/2025 registered with the Padgha Police Station, Thane Rural, for the offence punishable under Sections 310(2) of the Bhartiya Nyaya Sanhita, 2023 read with Sections 25, 4 of the Arms Act, 1959 read with Sections 135, 37(1), 37(3) of the Maharashtra Police Act.
2.
By an order dated 11/2/2025, this Court considered that the present applicant was appearing for 12th standard examination and granted protection of not taking any coercive steps against him. He
Diksha Rane 9. ABA 416-25.doc was directed to attend the concerned police station on 14/2/2025 and 15/2/2025 after writing his examination paper on 12/2/2025 and 13/2/2025.
3.
Today it is informed that the applicant has attended the concerned police station on 14/2/2025 and 15/2/2025 between 11.00 a.m. to 1.00 p.m. Hence, the applicant has co-operated with the investigation. The Sessions Court in its order dated 10/2/2025 in paragraph 9 has recorded that "Admittedly, name of this applicant not specifically mentioned in FIR as a culprit. FIR is against unknonw persons. ................"
4.
The present applicant is just 18 years old and is student appearing for 12th standard examination. No major role has been attributed of the present applicant in the present FIR. Out of 12 accused, 8 accused have been arrested. There are no criminal antecedents reported against the present applicant. It is also further submitted that he will never be involved in any kind of criminal acts. It has been submitted by the learned APP that the weapon used in the alleged crime has been recovered. The cost of the goods which was robbed, was around Rs.1,53,000/-. Out of the said cost, amount of Rs.55,000/- has been recovered from the arrested accused.
Diksha Rane 9. ABA 416-25.doc 5.
Taking into consideration that the present applicant is hardly 18 years of age, having no criminal antecedents reported against him and nothing has to be recovered from him, a case is made out to allow the present anticipatory bail application. Hence, the following order.
ORDER
(a) The anticipatory bail application is allowed. (b) In the event of arrest in connection with the FIR No.35/2025 registered with the Padgha Police Station, Thane Rural, the applicant shall be released on bail, on furnishing P.R. bond to the extent of Rs.20,000/- with two or more sureties of the like amount.
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with evidence. (d) The applicant shall furnish details of his residential addresses, contact numbers and email addresses to the Investigating Officer.
(e) The applicant shall attend the concerned police station as and when called by the I.O.
6.
The anticipatory bail application is disposed of. (RAJESH S. PATIL, J.) Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 25/02/2025 19:59:31