Allowed

Govind Narendra Dixit v. the State of Maharashtra and Anr.

Bombay HC19 Jul 2024ABA/2004/2024

Case brief

AI extract

What is this about?

Anticipatory bail application concerning an alleged heated argument over a college admission, registered under Sections 333, 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023. Finding no allegations of assault or recovery and custodial interrogation unnecessary, the court granted pre-arrest bail with conditions.

What did the court decide?

Pre-arrest bail: release on PR Bond of Rs.25,000 with sureties, subject to cooperation with investigation and non-tampering conditions.

Govind Narendra Dixit vs the State of Maharashtra and Anr. — Quashing and FIR | Bombay HC (2024)

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907.aba2004-24.doc

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MAMTAAMARKALE Digitallysigned byMAMTAAMARKALEDate:2024.07.2217:22:47+0530

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Mamta Kale.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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Anticipatory Bail Application No.2004 of 2024

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Govind Narendra Dixit Age 36 years, Occ. Near Kailash Mandir, Panchsheel Chawl Committee, Powai Road, Surya Nagar, Vikhroli (West), Mumbai - 400 083.

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... Applicant/Accused

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v/s.

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The State of Maharashtra

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Ghatkopar Police Station, Ghatkopar, Mumbai In their C.R. No.762/2024 ... Respondents

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Mr Hemant Ingale, a/w. Mr Pratik Ingle i/b. Tushar Khandare, for the applicant.

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Mr Arfan Sait, APP, for the respondent/ State. PSI FA Mulani, Ghatkopar Police Station, is present.

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Coram: R.N. Laddha, J. Date: 19 July 2024

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P.C.:

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Heard Mr Hemant Ingale, the learned Counsel appearing on behalf of the applicant and Mr Arfan Sait, the learned Additional Public Prosecutor representing the respondent/ State.

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This is an application for pre-arrest bail filed by the applicant in connection with CR No.762 of 2024, registered at Ghatkopar Police

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19 July 2024

907.aba2004-24.doc

Mamta Kale.

Station, Mumbai, for the offences punishable under Sections 333, 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023.

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The prosecution alleges that on 2 July 2024, at 11:00 a.m., the informant, while on duty as an administrative officer at Hindi High School, Ghatkopar, encountered the applicant seeking admission for the B.Sc Computer course in Ramniranjan Jhunjhunwala College for a student residing in his neighbourhood. The informant instructed him to bring the relevant student. Subsequently, the applicant entered Dr Rajendra Prasad’s cabin, Chairman of the college’s trust, and engaged in a heated argument about the admission to his neighbour.

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Upon perusing the records, it appears that there are no allegations of assault or use of a weapon by the applicant, and nothing is to be recovered from him. The investigation is nearing completion. In the circumstances, the custodial interrogation of the applicant is not necessary. The applicant having criminal antecedents cannot be the sole ground for denying him the relief of anticipatory bail. On instructions, the learned Counsel for the applicant, submits that the applicant undertakes not to enter the college premises. The apprehension of the prosecution that the applicant may tamper with prosecution evidence or influence the witnesses can be addressed by imposing appropriate conditions.

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Given the above and considering the nature of the allegations,

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Page 2 of 3 _______________________________________________ 19 July 2024

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Mamta Kale.

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907.aba2004-24.doc

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the present application is allowed in the following terms:

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(i) In the event of arrest, the applicant shall be released on bail in CR No.762 of 2024, registered at Ghatkopar Police Station, Mumbai, on executing a PR Bond of Rs.25,000/- and furnishing one or more sureties in the like amount.

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(ii) The applicant shall cooperate with the investigation and report to the concerned police station as and when directed.

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(iii) The applicant, himself or through any other person, shall not tamper with the evidence or influence any witnesses.

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The application stands disposed of accordingly.

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(R.N. Laddha, J.)

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Page 3 of 3

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19 July 2024

Govind Narendra Dixit v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Govind Narendra Dixit v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

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