IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI ANTICIPATORY BAIL APPLICATION NO. 2756 OF 2022 MHCC020168992022
Birendra Kumar Bhagwan Chaudhary ]
Age : 23 years, Occ.: Profession, ]
R/at : Old MHADA, Andheri (West), ]
Mumbai – 400 081. ]…Applicant/accused
Vs.
The State of Maharashtra ] (Through V.P. Road police station) ] Respondent
Appearances :
Ms. Sakhi S. Dube, Ld. Advocate for the Applicant.
Ms. Ratnavali Patil, Ld. SPP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE, SHRI A.A. KULKARNI (C.R. NO.24) DATED : 17TH DECEMBER, 2022 ( O R A L O R D E R ) (Dictated and pronounced in the open Court)
This is an application under Section 438 of Cr. P.C. for anticipatory bail. Heard Ld. Advocate for applicant and Ld. APP for the State. Perused the application, say and documents on record.
2. Ld. Advocate for the applicant submitted that on the basis of information of informant, V.P. Road police station registered crime No.492/2022 under Sections 408, 420 of IPC against accused Bhakharsing Purohit. In connection with the investigation of case, police issued notice to applicant under Section 160 of Cr. P.C. and called him to appear before investigating officer within three days. Applicant alleged that police officers are asking him to deposit amount. Therefore, he has having apprehension of his arrest. Hence, by way of this application, prayed for grant of anticipatory bail in the event of his arrest.
3.Ld. APP and investigating officer filed say Exh.2 and opposed the application. It is their contention that involvement of applicant is not established and till today applicant is not arraigned as accused. Hence, prayed for passing appropriate order.
4.In view of submissions of both sides, applicant is not called as accused in connection with investigation of case. Only notice as witness is issued on 10.12.2022. Further, investigating officer and Ld. APP made it clear that applicant is not arraigned as accused in connection with case. In such circumstances, I am of the opinion that there is no ground for apprehension of arrest exist. Hence, application is liable to be rejected. Hence, I pass the following order :
ORDER
Anticipatory Bail Application No.2756 of 2022 is rejected and disposed of accordingly.
Digitally signed by AJAY ANIL AJAY ANIL KULKARNI KULKARNI Date: 2022.12.19 17:06:26 +0530 Date : 17.12.2022 [A.A. KULKARNI] ADDITIONAL SESSIONS JUDGE GREATER MUMBAI :3: “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” Upload Date Upload Time Name of Stenographer 20.12.2022 5.00 p.m. PRAJWALA V. PHODKAR Name of the Judge (With HHJ SHRI. A.A. KULKARNI (CR 24) Court Room No.) Date of Pronouncement of 17.12.2022 JUDGMENT /ORDER JUDGMENT /ORDER signed by 20.12.2022 P.O. on JUDGMENT /ORDER uploaded 20.12.2022
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