Allowed

Anurag Dinesh Tak and Anr. v. the State of Maharashtra

Bombay HC9 Sept 2021ABA/2201/2021

Case brief

AI extract

What is this about?

In an anticipatory bail application under Sections 307, 506, 504, and 34 IPC and Sections 37, 135 Maharashtra Police Act, the High Court allowed bail for two young applicants with no prior criminal record, considering the minor injuries sustained by the informant and the fact that one accused was already arrested during the domestic altercation.

What did the court decide?

Anticipatory bail allowed and disposed of upon executing PR bond of Rs.15,000 with sureties and appearance before IO on specified dates.

Anurag Dinesh Tak and Anr. Vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2021)

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1 of 2 13.ABA.2201.2021.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.2201 OF 2021

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Anurag Dinesh Tak and anotherApplicants

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versus

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The State of MaharashtraRespondent

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Mr.Abhijeet Desai with amol Jagtap, Surbhi Agrawal, Advocates, i/by
Desai Legal for applicanys.
Mr.R.M.Pethe, APP, for State.

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PSI Salve, Mankhurd Police Station, present.

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CORAM :PRAKASH D. NAIK, J.
DATE :9th September 2021

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PC :

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1.The applicants are apprehending arrest in CR No.506 of 2021
registered with Mankhurd Police Station for offences under Sections
307, 506(ii), 504, 34 of Indian Penal Code r/w Sections 37(1)(A)
and 135 of Maharashtra Police Act.

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2.The FIR was registered on 7th August 2021. The grievance of
complainant is that on 6th August 2021 while he was driving his auto
rickshaw the persons from the said area namely Dinesh Tak, Aman
Tak and Annu Tak had a quarrel with the friend of complainant. The
informant intervened. At that time applicant no.2 assaulted him
with fist blows. The father of applicants assaulted the friend of
informant by fist and kick blows. Applicant no.2 had abused and
assaulted him on his face and head by iron bangle (kara) on head
and fist. The father of applicants was armed with iron rod and he
was attributed role of assaulting the complainant.

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3. Learned advocate for applicants submitted that the applicants

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MANISH Digitally signed byMANISH SURESH SURESHTHATTE THATTEDate: 2021.09.1315:17:41 +0530

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2 of 2 13.ABA.2201.2021.doc

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are boys aged about 19 and 20 years. They are students. They are
not having any criminal record. The informant is an auto driver. He
consumes liquor and harass public. The father of applicants Dinesh
Tak is in custody. The informant was treated in OPD and he did not
sustain any serious injuries.

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4.Learned APP submitted that investigation is in progress. He
pointed out injury certificate of Sunil Pal (informant). The said
certificate indicate that he had sustained simple injuries on nose and
upper lip.

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5.Undisputedly the accused who was armed with iron rod, has
been arrested. It is debatable whether Section 307 can be applied in
this case. Considering the nature of injuries and overt act attributed
to the applicants and also considering the fact that applicants are
young boys having no criminal antecedents, they need not be
subjected to custodial interrogation. Hence, I pass following order :

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ORDER

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(i) Anticipatory Bail Application is allowed and disposed of;

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(ii)In the event of arrest of applicants in CR No.506 of 2021
registered with Mankhurd Police Station, the applicants be released
on bail on their executing PR bond in the sum of Rs.15,000/- with
one or more sureties in the like amount;

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(iii)The applicants shall appear before Investigating Officer on
15th, 16th and 17th September 2021 between 11 am and 1 pm.

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(PRAKASH D. NAIK, J.)

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MST

Anurag Dinesh Tak and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Anurag Dinesh Tak and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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