Allowed

Bhavesh Sunil Bhoir v. State of Maharashtra

Bombay HC5 Jan 2024ABA/7/2024

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the applicant in a criminal case involving assault and criminal intimidation, finding his role minor and the injuries simple. The court noted a lack of evidence linking him with the main accused's common intention.

What did the court decide?

Anticipatory bail granted; directed to be released on bail upon furnishing PR bond of Rs.30,000/- with one or two sureties of like amount in the event of arrest.

Bhavesh Sunil Bhoir Vs State of Maharashtra — Anticipatory Bail | Bombay HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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ANTICIPATORY BAIL APPLICATION NO.7 OF 2024

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Bhavesh Sunil Bhoir.... Applicant
 versus
State of Maharashtra.... Respondent

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Mr. S. A. Shaikh i/b. Shafi Shaikh and Afsar Ansari, Advocate for Applicant.

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Ms. Pallavi N. Dabholkar, APP for the State/Respondent.

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CORAM: SARANG V. KOTWAL, J.
DATE: 05th JANUARY, 2024

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P.C. :

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1. The Applicant is seeking anticipatory bail in connection

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with C.R.No.543/2023, dated 12/11/2023, registered with
Shivaji Nagar Police Station, Thane City, under sections 323,
387, 397, 504, 506(2) of the Indian Penal Code and u/s 37(1)
and 135 of Maharashtra Police Act.

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2. Heard Mr. S. A. Shaikh, learned counsel for the

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Applicant and Ms. Pallavi N. Dabholkar, learned APP for the

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State.

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Digitally signed by MANUSHREE MANUSHREE NESARIKAR NESARIKAR Date: 2024.01.1015:20:48 Nesarikar +0530

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3. The FIR is lodged by one Viren Vadhwani. He has

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stated that he is in the business of construction. He was
constructing a building on a plot at Ambernath. The informant
and his father used to regularly visit the site to supervise the
construction work. On 11/11/2023 at about 04.30 p.m. the
informant and his friend Sohan Talreja had gone to the site.
When they were returning back towards his vehicle, the main
accused Tejas Kale abused him and held him by the scruff of his
neck. Sohan started shooting the incident on his mobile phone.
One of them tried to remove that mobile phone. There were
other unknown persons, who started assaulting Sohan. In the
scuffle the informant’s T shirt was torn. His gold chain fell down.
Somebody picked up the chain forcibly. It was worth
Rs.2,75,000/-. Tejas gave a blow on the elbow of the informant.
He gave threats to the informant and demanded Rs.5 lakhs.
After this, the informant started to go towards his vehicle. At
that point, the Applicant allegedly gave a blow of bamboo on the
backside of his head. On this basis, the FIR is lodged.

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4. Learned counsel for the Applicant submitted that a very
minor role is attributed to the present Applicant. The Applicant
has a property adjacent to that of the first informant and
therefore out of the business rivalry, the informant has named
the Applicant. He submitted that no allegations of extortion or
any other offences are made out against the present Applicant.

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5. Learned APP opposed these submissions and produced investigation papers before the Court.

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6. I have considered these submissions. I have perused
the investigation papers and in particular the injury certificate.
The informant had suffered four injuries. Three were in the
nature of abrasion and one was swelling. All the injuries were
described as simple injuries. There was abrasion on the neck and
defused swelling on left side of scalp. These injuries were
described as simple injuries. The only role attributed to the
Applicant was that he gave a blow of bamboo on the Applicant.

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But it has not caused any serious injury. The informant has
named him. He was not knowing any other assailants. Only the
main accused Tejas, amongst the other assailants is named in the
F.I.R.

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7. The role of the Applicant is described at the very end
when everything was over. There is nothing to show that the
Applicant had shared any common intention with the main
accused Tejas. In this view of the matter, in particular, looking at
the simple nature of injuries, the Applicant can be protected by
an order of anticipatory bail.

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8. Hence, the following order :

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O R D E R

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(i)In the event of his arrest in connection with
C.R.No.543/2023, dated 12/11/2023, registered
with Shivaji Nagar Police Station, Thane City, the
Applicant is directed to be released on bail on
his furnishing PR bond in the sum of Rs.30,000/-

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(Rupees Thirty Thousand Only) with one or two
sureties in the like amount.

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(ii)The application stands disposed of accordingly.

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(SARANG V. KOTWAL, J.)

Bhavesh Sunil Bhoir v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

Bhavesh Sunil Bhoir v. State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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