Partly allowed

Yogesh Dilip Salunke v. the State of Mah and Anr.

Bombay HC26 Jun 2012APPLN/2133/2012

Case brief

AI extract

What is this about?

The High Court at Aurangabad disposed of two anticipatory bail applications. It granted bail to Yogesh Salunke subject to a deposit of Rs. 25,000, specific attendance conditions, and a prohibition on tampering with witnesses, while rejecting the application of Dinesh Chavan due to the terroristic nature of acta.

What did the court decide?

Bail granted to Yogesh Salunke on deposit of Rs. 25,000 with conditions; application of Dinesh Chavan rejected.

Yogesh Dilip Salunke Vs the State of Mah and Anr. — Cheating and Forgery | Bombay HC (2012)

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IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 2133 OF 2012

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Yogesh Dilip Salunke Age : 24 years, Occ : Education, R/o Pratima colony, Pipeline road, Ahmednagar, Tq. & Dist. Ahmednagar.

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....Applicant

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Versus

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The State of Maharashtra 2. The Superintendent of Police, Ahmednagar, Tq. & Dist. Ahmednagar ....Respondents

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WITH

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CRIMINAL APPLICATION NO. 2346 OF 2012

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Dinesh S/o Keshavrao Chavan Age : 50 years, Occ : Service, R/o Pratima colony, Pipeline road, Ahmednagar, Tq. & Dist. Ahmednagar. Versus 1. The State of Maharashtra 2. The Superintendent of Police, Ahmednagar, Tq. & Dist. Ahmednagar ..... Mr. A.S. Gandhi, advocate for the applicants. Mr. N.H. Borade, APP for the State. .....

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....Applicant

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....Respondents CORAM : T. V. NALAWADE, J. DATED : 26^th June, 2012.

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PER COURT :

Both the applications are filed for relief of anticipatory bail. Both sides are heard. Papers of investigation were made available.

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Crime is registered on the basis of the report given by Smt. Nandita Nathu. The incident took place on 21.04.2012 after 9.45 p.m. The complainant and her husband were present in their house and this house has compound wall. The allegations are made that the present applicants viz., Dinesh Chavan and Yogesh Salunke and some other persons entered the premises of their house after jumping over the compound wall and they were holding weapon like wooden sticks. The allegations are made that, the persons then entered their house and they started giving abuses and threats. The allegations are made that in the incident Dinesh hit stone on the glass of Car of the family of the complainant and broke the glass. The allegations are made that applicant – Yogesh Salunke hit stone on other glass of car and he broke that glass. The allegations are made that other persons broke glasses of windows of the house and they caused damage to the articles of the house. On the basis of this report the crime came to be registered as C.R. No. I-144/2012 in Tophkana Police

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Station, Ahmednagar for the offence punishable under Section 452, 143, 147, 148, 323, 504, 506, 427 of the Indian Penal Code and Section 3 and 7 of the Criminal Amendment Act. This Court has gone through the spot panchanama and it is consistent with the aforesaid allegations. The statements of some eye witnesses were recorded.

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The applicant from first proceeding has produced the copy of identity card issued by Yeshwantrao Chavan University showing that he is studying in that University and he has taken admission for B.A. Course. It was submitted that Yogesh Salunke is aged about 24 years and is a student and his entire career will be spoil if he is arrested and kept behind the bars. It was submitted that conditions may be imposed and relief may be granted to him.

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This Court has gone through the other papers of investigation. The papers show that the offence was committed for Dinesh Chavan. It appears that there was one incident of the same day in which the wife of Dinesh Chavan had given report to the police against Kunal Vilas Nathu and Pravin Jadhav. Their motorcycle had given dash to her and when she had questioned about it they had given abuses to her. It is submitted that it is only after giving report, which is registered as N.C. Case, the

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present incident took place. N.C. Case was registered at 8 p.m.

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Though there is aforesaid record, it was not proper on the part of Dinesh Chavan to do the act which is described by the complainant and which is described in the spot panchanama. Such acts create terror in the locality. In view of this circumstances, this Court holds that no relief can be granted to Dinesh Chavan, but relief can be granted to Yogesh Salunke subject to some conditions. As he has caused damage to car of the complainant side, he should be made to deposit some amount in the Court and that can be given to the complainant side if the State is able to prove that the present applicant, Yogesh had caused damage to the vehicle of the complainant side.

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So the application of Yogesh Salunke is allowed, subject to condition that he deposits Rs. 25,000/- in the Court of Sessions in Crime No. 144 of 2012 registered in Topkhana Police Station, Ahmednagar. Only after depositing of the amount and its production of receipt in the office of this Court, the order is issued to the concerned Police Station about granting of relief. If the amount is deposited, Yogesh Salunke is to be released on bail in case of his arrest in the aforesaid crime, on furnishing of his PR & SB of Rs. 25,000/- (Rs. Twenty five thousand). He is not to tamper

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with the prosecution witnesses and he is not to commit similar offences. He is to attend the concerned Police Station on every Saturday and Sunday for a period of one month between 9 a.m. to 12 noon. He is to cooperate with the police during investigation.

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Application of applicant- Dinesh Chavan stands rejected. Interim relief granted in his favour is vacated.

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[ T. V. NALAWADE, J. ]

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sga/

Yogesh Dilip Salunke v. the State of Mah and Anr.

Case brief

What is this about?

What did the court decide?

Yogesh Dilip Salunke v. the State of Mah and Anr.

Case brief

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What did the court decide?

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