Allowed

Sachin Kisan Nayak and Anr. v. the State of Maharashtra

Bombay HC1 Mar 2021ABA/266/2021

Case brief

AI extract

What is this about?

This High Court allowed an anticipatory bail application filed by two applicants in connection with charges of violent offensive acts, affray, and criminal intimidation. The court directed the applicants to report to the officer and refrain from approaching witnesses or indulging in similar activities.

What did the court decide?

Anticipatory bail allowed. In case of arrest, release on bond of Rs.25,000/- each with sureties. Conditions to report to IO, not approach witnesses, and not indulge in similar activities.

Sachin Kisan Nayak and Anr. Vs the State of Maharashtra — Anticipatory Bail | Bombay HC (2021)

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rpa 1 / 4 33 aba 266 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.266 OF 2021

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Sachin Kisan Nayak; and 2) Dilip Kamlaprasad Sonkar .. Applicants Vs. State of Maharashtra .. Respondent

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Mr.Kishor Patil i/b. Mr.Sameer Mhatre, Advocate for the Applicants.

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Mrs.Veera Shinde, APP for the Respondent – State.

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API Samadhan Pawar, Dindoshi Police Station, Mmbai, present.

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CORAM : PRAKASH D. NAIK, J.

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DATED : MARCH 01, 2021.

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P.C. :

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This is an application for anticipatory bail in connection with C.R.No.887 of 2020, registered with Dindoshi Police Station, Mumbai, for the ofences punishable under Sections 141, 143, 145, 147, 148, 149, 326, 427, 452, 504 and 506 (2) of the Indian Penal Code (“IPC”, for short).

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Digitally signed by RajeP. RajeP. AherDate: Aher 2021.03.18 14:17:54 +0530

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2 First Information Report (“FIR”, for short) was lodged on 5^th December, 2020. According to complainant, on 4^th December, 2020 at about 01:00 p.m., Sachin Nayak, Dilip and one

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rpa 2 / 4 33 aba 266 2021.doc

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unknown person came to his room and told him to vacate the room. He was abused and assaulted by fst blows. At about 1:30 p.m., Sachin Nayak, Dilip, Santosh Singh @ Gautam, Anand, Ravindra and two unknown persons again visited his premises. They barged into his room. Sachin broke foor tiles by iron rod. Dilip gave blow by iron pipe on wall. Santosh Singh, Anand, Ravindra threw out articles from house. All of them assaulted by iron rod, pipe and fst blows. They threatened complainant and told him to vacate room. They created terror in area. Police visited. Complainant was treated in hospital.

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3 It is submitted that the co-accused Santosh Singh @ Gautam had preferred an application for anticipatory bail bearing ABA No.79 of 2021, which has been allowed vide order dated 22^nd January, 2021. Applicant no.1 has sustained injury in the nature of CLW over parietal area of 3 c.m. x 0.5 x 0.5 cm pattern contusion over left shoulder, abrasion over left parietal region. Complainant represents M/s.Santacurz Ratnaker Housing Society. He wants to get possession of land and threat6ening tenants/occupants on land.

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4 Learned APP submitted that overt-act has been

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rpa 3 / 4 33 aba 266 2021.doc

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attributed to the applicant. The complainant had sustained fracture viz. Soft (right R. Clavicle). The injury was grievous.

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5 There are cross cases registered by both sides. FIR vide C.R.No.888 of 2020, was registered on 5^th December, 2020, at the instance of applicant No.1, under Sections 324, 504 and 506 read with 34 of IPC against Salim Qureshi and others.

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6 Considering these circumstances, the applicants need not be subjected to custodial interrogation.

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7 Hence, I pass the following order:

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:: O R D E R ::

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(i) Anticipatory Bail Application No.266 of 2021, is allowed;

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(ii) In the event of arrest of the applicants in connection with C.R.No.887 of 2020, registered with Dindoshi Police Station, Mumbai, the applicants be released on bail on executing P.R. Bond in the sum of Rs.25,000/-, each, with one or more sureties in the like amount;

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rpa 4 / 4 33 aba 266 2021.doc

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(iii) Applicants shall report the investigating oficer on 10^th , 11^th and 12^th March, 2021, between 11:00 a.m. to 01:00 p.m., and, thereafter, as and when called for by the investigating oficer, till fling of charge–sheet;

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(iv) Applicants shall not approach and threatened the witnesses;

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(v) Applicants shall not indulge in similar activities;

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(vi) Anticipatory Bail Application No.266 of 2021, stands disposed of accordingly.

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( PRAKASH D. NAIK, J.)

Sachin Kisan Nayak and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sachin Kisan Nayak and Anr. v. the State of Maharashtra

Case brief

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What did the court decide?

What the court decided

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