Akash Ankush Chimte v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.820/2025 AKASH ANKUSH CHIMTE ...APPLICANT VS THE STATE OF MAHARASHTRA ...RESPONDENT ...
Adv. Vvikram Shinde (through V. C.) a/w Chaitanya M. Bagul for the Applicant.
Adv. Supirya Kak, APP for the State.
...
CORAM
: RAJESH S. PATIL, J.
DATED : MARCH 25, 2025 P.C.:
1.
The applicant/accused has filed present application seeking anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 in Crime No. 492/2024 registered with Vadgaon Maval Police Station for the offences punishable under Sections 109,191(2),191(3),190,351(3), 352 of Bharatiya Nyaya Sanhita, 2023. 2.
In the complaint which is attached along with FIR, the role of the present applicant has been stated. The victim has 9 injuries on various part of his body which includes fracture in his chest ribs. Injuries also on his jaw and thiegh.
3.
The learned APP submits that NBW has been issued against the present applicant on 27 January 2025 so also, a proclamation has
been issued on 4 March 2025. As per her instructions, no proceeding has been filed by the applicant for cancellation of NBW. 4.
I have taken a view in anticipatory bail application no.747 of 2025 by order dated 18 March 2025 that when NBW is issued against the applicant and thereafter, even proclamation was issued, the anticipatory bail application will have no merits and the same stands dismissed.
5.
In the judgment of the Srikant Upadhyay V/s. State of Bihar and Anr., reported in [2024 SCC Online SC 282] in paragraphs 25 and 26 it was clarified that when warrant of arrest or proclamation is issued, the applicant is not entitled to invoke the extraordinary power. However, it is further clarified that this will not deprive the power of the Court to grant pre-arrest bail in extreme, exceptional cases in the interest of justice. Paragraphs 25 and 26 of the said judgment are reproduced herein below:- 25.
We have already held that the power to grant anticipatory bail is an extraordinary power. Though in many cases it was held that bail is said to be a rule, it cannot, by any stretch of imagination, be said that anticipatory bail is the rule. It cannot be the rule and the question of its grant should be left to the cautious and judicious discretion by the Court depending on the facts and circumstances of each case. While called upon to exercise the said power, the Court concerned has to be very cautious as the grant of interim protection or protection to the accused in serious cases may lead to miscarriage of justice and may hamper the investigation to a great extent as it may sometimes lead to tampering or distraction of the evidence. We shall not be understood to have held that the Court shall not pass an interim protection pending consideration of such application as the Section is destined to safeguard the freedom of an individual against unwarranted arrest and we say that such orders shall be passed in eminently fit cases. At
any rate, when warrant of arrest or proclamation is issued, the applicant is not entitled to invoke the extraordinary power. Certainly, this will not deprive the power of the Court to grant pre-arrest bail in extreme, exceptional cases in the interest of justice. But then, person(s) continuously, defying orders and keep absconding is not entitled to such grant.
26. The factual narration made hereinbefore would reveal the consistent disobedience of the appellants to comply with the orders of the trial Court. They failed to appear before the Trial Court after the receipt of the summons, and then after the issuance of bailable warrants even when their co-accused, after the issuance of bailable warrants, applied and obtained regular bail. Though the appellants filed an application, which they themselves described as "bail-cum-surrender application" on 23.08.2022, they got it withdrawn on the fear of being arrested. Even after the issuance of non-bailable warrants on 03.11.2022 they did not care to appear before the Trial Court and did not apply for regular bail after its recalling. It is a fact that even after coming to know about the proclamation under Section 82 Cr.PC.
, they did not take any steps to challenge the same or to enter appearance before the Trial Court to avert the consequences. Such conduct of the appellants in the light of the aforesaid circumstances, leaves us with no hesitation to hold that they are not entitled to seek the benefit of prearrest bail. (Emphasis supplied) 6.
Taking into consideration the facts of the present case where NBW is issued against the present applicant and the same has not been challenged by the applicant, according to me, this is not a case which falls under the exceptional category as clarified by the Supreme Court in Srikant Upadhyay (supra).
7.
In view of the law laid down by the Supreme Court in Srikant Upadhyay (supra), the anticipatory bail application stands rejected. This Court has not gone into the merits of the anticipatory bail applications.
(RAJESH S. PATIL, J.)