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Bombay High CourtABA/1196/2025allowed

Mangalram Purohit v. Senior Inspector Of Police And ORS

2025-05-02Hon'Ble Shri Justice Rajesh S. Patil4 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

KANCHAN VINOD MAYEKAR by KANCHAN VINOD MAYEKAR Date: 2025.05.03 10:09:08 +0530 CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1196 OF 2025 MANGALRAM PUROHIT ..... APPLICANT

VERSUS

THE SENIOR INSPECTOR OF POLICE & ORS.

..... RESPONDENTS Adv. Rizwan Merchant i/b. Adv. Sanjana Pardeshi for the Applicant. Mr. Anand S. Shalgaonkar, A.P.P. for the State - Respondent Nos. 1 and 2.

Adv.Faisal F. Shaikh for the Respondent No.3. Mr.Laxman Rathod, P. I., Borivali Police Station present. Mr.Chetan Thakkar, the Complainant present.

CORAM : RAJESH S. PATIL, J.

DATE : 2nd MAY, 2025 P.C. :- This application is filed for pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No. 0397 of 2023 dated 4th July 2023 registered with Borivali Police Station, Mumbai for the offences punishable under Sections 120-B, 465, 467, 468, 471, 474 and 420 of the Indian Penal Code, 1860.

2.

Based on the complaint, an FIR has been lodged. The role of the

2/4 present applicants is mentioned in the said FIR. 3.

The learned counsel for the applicant submits that the parties have settled their dispute and the consent affidavit has been filed by the complainant which is at page 83 of the present proceedings. 4.

The learned counsel for the respondent no.3 also submits that the parties have settled their dispute and the complainant has no objection if the present applicant is granted pre-arrest anticipatory bail.

5.

This is not the Forum which decides a settlement dispute. But since the parties have settled their dispute as informed, in my view, the custody of the present applicant is not necessary. The present anticipatory bail application is allowed. Hence, the following order :-

ORDER

(a) The anticipatory bail application is allowed. (b) In the event of arrest in connection with Crime No. 0397 of 2023 dated 4th July 2023 registered with Borivali Police Station, Mumbai for the offences punishable under Sections 120-B, 465, 467, 468, 471, 474 and 420 of the Indian Penal Code, 1860, the applicant shall be released on bail, on furnishing P.R. bonds to the extent of

3/4 Rs.30,000/- with one 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 called.

(d) The applicant should not directly or indirectly contact the first informant, his relatives in any form whatsoever.

(e) 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 further, the applicants shall not tamper with the evidence in any manner whatsoever.

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

6.

Needless to say, violation of any of the aforesaid conditions would make the applicant liable to face proceedings for cancellation of anticipatory bail. It is clarified that the observations made in this

4/4 order are limited to the question of grant of anticipatory bail to the applicant in the present application, and that the trial Court shall proceed further, without being influenced by the observations made in this order.

7.

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