Sabir Ali Shahadat Ali v. State Of Maharashtra Thr Pso, Ps Akot Tah Akot. Dist. Akola

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by KANCHAN VINOD MAYEKAR Date: 2025.03.26 12:53:57 +0530 KANCHAN VINOD MAYEKAR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 817 OF 2025 Sonu @ Bansraj Hariprasad Yadav ..... Applicant

VERSUS

State of Maharashtra ..... Respondent Mr. Jay Patil for the Applicant.

Ms.Supriya Kak, A.P.P. for the State.

CORAM : RAJESH S. PATIL, J.

DATE : 24th MARCH, 2025 P.C. :- This application is filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 in connection with the First Information Report (FIR) No.0003/2025 dated 1st January, 2025 registered with the Boisar Police Station, District Palghar, for the offence punishable under Sections 115, 118(1), 189(2), 190, 191(2), 351(2), 352 of the Bhartiya Nyaya Sanhita, 2023. 2.

The present applicant has been arraigned as accused no.1 in the FIR No.0002/2025. This is a case of cross FIR where the FIR No.0003/2025 has been filed by the Neeraj Yadav against the

2/4 present informant and others.

3.

In the present FIR, as far as role of the present applicant as alleged is that he assaulted the informant by pushing the first informant. Accused nos. 3 and 5 are arrested and granted regular bail.

4.

The learned APP on instructions submits that the recovery of weapons viz iron rod and wooden stick which was used by accused no.3, 4 and 5 are not recovered.

5.

Accused nos.3 and 5 are both arrested. Accused no.4 is absconded. As far as present applicant is concerned, it is not the case in the FIR that he has used the weapons as mentioned above. Regarding the present applicant, the only allegation in the FIR is that he has pushed the informant. According to me, at this stage, a case is made out to grant the present anticipatory bail application. The physical presence for interrogation would not be necessary for completing the investigation. Suffice would be the purpose if he attends the office of the IO for recording his statement. Hence, the following order.

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ORDER

(a) The anticipatory bail application is allowed. (b) In the event of arrest in connection with (FIR) No.0003/2025 registered with the Boisar Police Station, District Palghar, 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 number and email address to the Investigating Officer.

(e) The applicant shall attend and meet the concerned police station on 01/4/2025 and 02/4/2025 between

4/4 11.00 a.m. to 1.00 p.m. and thereafter, as and when called for.

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The anticipatory bail application is disposed of. [RAJESH S. PATIL, J.]