Akash Gurucharansingh Uikey v. State Of Maharashtra Thr Pso, Ps Bajaj Nagar, Dist. Nagpur

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by KANCHAN VINOD MAYEKAR Date:

2025.03.29 16:14:52 +0530 KANCHAN VINOD MAYEKAR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 860 OF 2025 Balwant Vitthal Sabale ..... Applicant

VERSUS

State of Maharashtra ..... Respondent Mr.Ramanik Pawar a/w. Ms.Samiksha Pawar i/b. Ms.Arti Bajpai for the Applicant.

Mr. Anand S.Shalgaonkar, A.P.P. for the State. Mr. Ramchandra Ganpat Gore, H.C., Satara Taluka Police Station. CORAM : RAJESH S. PATIL, J.

DATE : 28th MARCH, 2025 P.C. :- This application is filed for pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with FIR No. 0035 dated 30th January, 2025 registered with Satara Taluka Police Station for the offences punishable under Sections 352, 351(3), 351(2), 3(5), 118(1) and 115(2) of the Bharatiya Nyaya Sanhita, 2023.

2.

On the complaint being filed, an FIR has been lodged and the

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3.

Mr.Pawar, the learned counsel for the applicant submits that the applicant is the maternal uncle of the first informant. The first informant had borrowed certain monies from the applicant and was not ready to repay the same. However, he handed over two cheques to the applicant which was kept as security with the applicant. When the applicant requested the first informant to leave the house of the applicant, he agreed to the same. However, before he could leave, it was found that he was searching certain things in the bedroom of the first informant. When he was confronted by the applicant, the first informant narrated that he was searching for those two cheques handed over to the applicant. Hence, the applicant had hit the first informant by fist blow. He submits that thereafter, the first informant left the house of the applicant.

It has been informed that the first informant is arrested for some other crime and is behind bars. He submits that on the false grounds, an FIR has been lodged against the applicant. He submits that the applicant is not required to be arrested. The applicant is a senior citizen. He is ready to co-operate with the police.

4.

The learned A.P.P. on instructions from the Investigation Officer

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5.

I have gone through the contents of the FIR and after hearing both the parties, I am satisfied that as of now, the custody of the present applicant is not required. Hence, the following order :-

ORDER

(a) The anticipatory bail application is allowed. (b) In the event of arrest in connection with FIR No. 0035 dated 30th January, 2025 registered with Satara Taluka Police Station for the offences punishable under Sections 352, 351(3), 351(2), 3(5), 118(1) and 115(2) of the Bharatiya Nyaya Sanhita, 2023, the applicant shall be released on bail, on furnishing P.R. bonds to the extent of Rs.30,000/- with two or more sureties of the like amount.

(c) The applicant shall co-operate with the investigation and attend and meet the Investigating Officer of the concerned Police Station, as and when

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(d) 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.

(e) The applicant shall furnish details of his residential addresses, contact numbers and e-mail addresses to the Investigating Officer.

6.

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