Allowed

Akash Dilip Amberkar and Anr. v. the State of Maharashtra

Bombay HC3 Aug 2022BA/310/2022

Case brief

AI extract

What is this about?

The Single Judge allowed a bail application filed by two applicants charged under the IPC for obstructing police and frustrating the course of justice, ordering their release upon bond and sureties.

What did the court decide?

The applicants were released on bail in C.R.No.202 of 2021 on furnishing a Police Report bond of Rs.25,000/- each with two sureties of the like amount.

Akash Dilip Amberkar and Anr. Vs the State of Maharashtra — Bail and Remand | Bombay HC (2022)

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Digitally signed by SALGAONKAR SALGAONKAR M M M M Date: 2022.08.05 21:28:19 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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BAIL APPLICATION NO.310 OF 2022

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Akash Dilip Amberkar & Anr.

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.. Applicants

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Versus

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The State of Maharashtra .. Respondent

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Mr.Kabul Singh Labana for the Applicant. Mr.S.V.Gavand, A.P.P. for the State/Respondent.

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CORAM: BHARATI DANGRE, J. DATED : 03^rd AUGUST, 2022

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P.C:-

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The applicants are charged with Sections 353, 332, 341, 224, 504 read with Section 34 of I.P.C. in C.R.No.202 of 2021 registered with Vishnunagar Police Station, Dombivali (W).

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The complaint is fled by police constable, Kundan Bhamre stating that on 14/10/2021, a secret information was received while on patrolling that, one wanted accused in C.R.No.149 of 2021 registered with Vishnunagar Police Station was present on the given location, alongwith his friends.

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M.M.Salgaonkar

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Accordingly, they reached the spot near a school and the secret informer, pointed out to one person, as the wanted accused Monty Shelar. He was apprehended and he identifed himself as Atish Ashok Shelar @ Monty, who is applicant No.2 in the present application.

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The complainant further narrates that the two persons accompanying him, restrained police party from taking him into custody and they disclosed their names as Nishan and Akash Amberkar i.e. applicant No.1. It is alleged that, Nishan questioned the police about the procedure to be followed before arresting and the complainant informed him that he is a Police Constable and when he apprised him that they are discharging their offcial duty, he was abusive and restrained police team from apprehending his brother. It is also alleged that Nishan pushed the complainant and he fell down and sustained an injury to his right hand fnger. Nishan was repeatedly demanding the complainant and his associates to show a warrant. Thereafter, both the applicants were brought to the police station and the sister of Nishan started video recording the happenings in the police station and her phone was seized.

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On the above complaint being lodged, the concerned C.R. was registered and applicant No.2, who was already taken in

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M.M.Salgaonkar

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custody in connection with other C.R., was also shown to be arrested in the present C.R., whereas applicant No.1 came to be arrested on 14/10/2021. On completion of investigation, the charge-sheet has been fled.

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No specifc role is attributed to present applicant No.1 as it is not the case of the complainant that he had caused hurt to him or restrained him from discharging his duty, as a public servant. As far as applicant No.2 is concerned, since he was apprehended as a wanted accused in same C.R., he is not attributed any role in the entire episode.

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Both the applicants deserve their release on bail in the wake of the material compiled against them in the chargesheet.

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Needless to state that the observations made above are prima facie, in nature and are limited for the purpose of adjudication of the present application.

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: ORDER :

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(a) Application is allowed.

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(b) Applicant No.1-Akash Dilip Amberkar and

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applicant No.2-Atish Ashok Shelar @ Monty shall be released on bail in connection with C.R.No.202 of 2021

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M.M.Salgaonkar

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registered with Vishnunagar Police Station on furnishing P.R. Bond to the extent of Rs.25,000/- each, with one or two sureties of the like amount.

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(c) The applicants 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 Offcer. The applicants shall not tamper with evidence.

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(d) The applicants shall attend the trial on regular

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basis, unless exempted by the trial Court.

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( SMT. BHARATI DANGRE, J.)

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M.M.Salgaonkar

Akash Dilip Amberkar and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Akash Dilip Amberkar and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

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