Snehal Patel @ Sajan Patel v. The U T Of Dadra And Nagar Haveli

2025:BHC-AS:14067 Diksha Rane 926 ABA 746-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 746/2025 SNEHAL PATEL @ SAJAN PATEL ..APPLICANT VS THE U T OF DADRA AND NAGAR HAVELI ..RESPONDENT ------------ Adv. Shivamsinh Deshmukh a/w. Adv. Tarun Shetty for applicant. Adv. Kamar Ali Shaikh a/w. Adv. Leepika Rasiwasia h/f. Adv. Venegavkar H.S. for UT.

------------ CORAM : RAJESH S. PATIL, J.

DATE : MARCH 26, 2025.

P.C. :

1.

This application is filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for seeking pre-arrest bail in connection with the First Information Report (FIR) No. 134/2024 registered with the Silvassa Police Station, Dadra and Nagar Haveli, for the offence punishable under Sections 132, 324(4) 3(5) of the Bhartiya Nyaya Sanhita, 2023.

2.

On 18/3/2025, the following order was passed:- 1.

The learned Advocate for the respondent submits that the present anticipatory bail application has not been served on the respondent. 2.

The learned Advocate for the applicant submits that a copy of the anticipatory bail application will be served on the respondent during the

Diksha Rane 926 ABA 746-2025.doc course of the day.

3.

He submits that the prosecution has issued a notice under Section 35(3) of the BNSS Act, 2023, to the father of the present applicant. He further submits that the applicant is ready to cooperate with the police. He submits that had the notice been served directly on the applicant, he would have cooperated and attended the office of the Investigating Officer. 4.

He further submits that an FIR was lodged against the present applicant in 2014, and in that case, he has already been granted regular bail. According to the prosecution, the value of the seized foreign liquor is Rs. 25,000/-. The applicant is engaged in the business of running a food joint (Dhaba).

5.

List this matter on March 25, 2025, under the caption "For Urgent Circulation."

6.

In the meantime, the applicant is directed to attend the concerned police station on March 21, 2025, between 11:00 a.m. and 1:00 p.m. Until the next date of hearing, no coercive steps shall be taken against the applicant.

3.

The learned counsel for the applicant submits that the applicant has complied with the directions of this Court and has attended the office of the IO and meet the IO on 21/3/2025. 4.

The learned counsel appearing for the respondent no.1 submits that the police are on the verge of filing an application to add Section 109 of the Bharatiya Nyaya Sanhita, 2023 in the present crime. For the said reason, the custody of the present applicant is necessary as there are at least four crimes registered against the father of the present applicant.

5.

By considering the submissions of both the sides, registering of crimes against the father of the present applicant would not mean

Diksha Rane 926 ABA 746-2025.doc that the present applicant should also be arrested. As per the panchanama, it revealed that the foreign liquor worth Rs.25,200/- was seized from the subject gala. The applicant has cooperated with the police machinery by attending the office of the IO. I am of the prima facie view that as of today, the custody of the present applicant would not be necessary, therefore, the pre-arrest bail can be granted to the applicant by imposing stringent conditions. Hence, the following order.

ORDER

(a) The anticipatory bail application is allowed. (b) In the event of arrest in connection with FIR No.134/2024 registered with the Silvassa Police Station, Dadra and Nagar Haveli, the applicant shall be released on bail, on furnishing P.R. bond to the extent of Rs.30,000/- with one or two 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 address, contact numbers and email address to the Investigating Officer.

Diksha Rane 926 ABA 746-2025.doc (e) The applicant shall attend the concerned police station on every Monday between 11.00 a.m. to 1.00 p.m. till the filing of the charge-sheet.

6.

The anticipatory bail application is disposed of. (RAJESH S. PATIL, J.) Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 27/03/2025 12:11:00