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Bombay High CourtIA/1986/2025disposed off

Pushpendra S/O Manmal Angara v. The State Of Maharashtra

2025-05-30Hon'Ble Shri Justice Ashwin D. Bhobe3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.406 OF 2025 WITH INTERIM APPLICATION NO.1986 OF 2025 IN ANTICIPATORY BAIL APPLICATION NO.406 OF 2025 Puspendra S/o. Manmal Angara ...Applicant

Versus

The State of Maharashtra

...Respondent

.................................................................................. Mr. A.M. Saraogi, for the Applicant.

Mr. M.S. Sonawane, APP for Respondent-State.

API-Shriniwas Darade, Gamdevi Police Station, Mumbai is present in Court.

................................................................................... CORAM : ASHWIN D. BHOBE, J.

DATE : 30th MAY, 2025 (VACATION COURT) P.C. :- 1.

Heard Mr. A.M. Saraogi, learned Advocate for the Applicant and Mr. M.S. Sonawane, learned APP for Respondent-State.

2.

Mr. M.S. Sonawane, learned APP for the RespondentState, on instructions from the Investigation Officer, Shrinivas Darade (API), Gamdevi Police Station, Mumbai, who is present in Court, states that as on date, no offence/crime has been registered against the Applicant, with the Gamdevi Police Station, Mumbai. Statement Accepted.

3.

On the said statement made by the learned APP, Mr. Saraogi, learned Advocate for the Applicant seeks leave to withdraw the present Anticipatory Bail Application. He, however, expresses an apprehension that an FIR/Crime may be registered against the Applicant in the near future and if such FIR/Crime is registered, the Applicant should be permitted to take recourse to remedies as available in law. Applicant is always at liberty to take recourse to appropriate remedies as available to him in terms of law.

4.

Mr. Sarogi, learned Advocate for the Applicant further requests that in the eventuality of the Applicant requiring to file such application, the observations made by the learned Additional Sessions Judge, Greater Mumbai, Court Room

No.23 in its order dated 03.02.2025, should not come in the way of disposing any fresh Application filed by the Applicant. As the Anticipatory Bail Application No.237 of 2025 itself was not tenable for the reasons stated hereinabove, the observations made in the order dated 03.02.2025 in Anticipatory Bail Application No.237 of 2025 will not come in the way of Applicant, if any fresh Application is filed on a fresh cause of action.

5.

With the above observations, Anticipatory Bail Application No.406 of 2025 stands dismissed as withdrawn. 6.

In view of the dismissal of the Anticipatory Bail Application No.406 of 2025, the Interim Application No.1986 of 2025 would not survive and stands dismissed. [ ASHWIN D. BHOBE, J. ]