IN THE COURT OF SESSIONS FOR GR.BOMBAY AT BOMBAY ANTICIPATORY BAIL APPLICATION NO.2755 OF 2022 CNR NO. MH-CC02-016898-2022
Sarwadnya Shirishchandra Kadtane
Age: 30 years Occ: Advocate
R/a: Maharashtra Housing Society,
Barshi Road, Latur-413 512. … Applicant
Versus
State of Maharashtra (At the instance of Tilak Nagar Police Station.) … Respondent.
Learned Advocate Mr. Anand Waradkar for the applicant/accused.
Learned APP Mr. Ramesh Siroya for the State.
CORAM : HIS HONOUR THE ADDL.SESSIONS JUDGE SHRI.M.S.KULKARNI (C.R.NO.56) DATED : 23rd December, 2022 (DICTATED AND PRONOUNCED IN OPEN COURT) ORAL ORDER
.
This is anticipatory bail application in respect of C.R.No.717/2022 registered with Tilak Nagar Police Station for the offence punishable under Sections 323, 427, 452, 504 read with Section 34 of the of the I.P.Code.
2.The FIR was lodged by one Mukesh Kunwarji Thakkar against his son in law namely Nikhil Bajpai and in the said FIR it is alleged that the applicant/accused was also with his son in law at 12.00 hours on 29.8.2022. In the FIR it was further alleged that Nikhil Bajpai ( the son in law) of the first informant had kidnapped, grand son of the first informant who is infact son of the accused Nikhil Bajpai.
3. This court has already granted bail to Nikhil Bajpai and his father in A.B.A. No.1946/2022 by an order dated 13.10.2022. When the main accused have been granted anticipatory bail, this applicant/accused is entitled for the anticipatory bail on the ground of parity as nothing is to be recovered or discovered from him. Only allegations is that he accompanied main accused Nikhil Vajpai while entering into the house. It is not alleged that applicant/accused co-operated main accused while kidnapping grand son of the first informant. So following is the order.
ORDER
1.Anticipatory Bail Application No.2755 of 2022 is allowed.
2.In the event of arrest of the applicant Sarwadnya Shirishchandra Kadtane in Crime No.717/22 registered with Tilak Nagar Police Station for the offences punishable under Sections 323, 427, 452, 504 read with Section 34 of the IPC, he shall be released on his executing personal recognizance for an amount of Rs.30,000/- with one or more sureties in the like amount subject to the following conditions
a)He shall attend Tilak Nagar police station on every Tuesday in between 06.00 p.m. to 07.00 p.m. till filing of the chargesheet and co-operate the Investigating officer.
b) He shall not tamper with the evidence.
c) He shall not pressurize or persuade the first informant and other witnesses.
(M.S.Kulkarni) Addl.Sessions Judge, City Civil and Sessions Court, Date : 23.12.2022. For Greater Bombay : 3 : Dictated on : 23.12.2022. Typed on : 02.01.2023. Draft checked on : 03.01.2023. Signed on : 03.01.2023. “ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER” UPLOAD DATE AND TIME : 03.01.2023 at 12.05 p.m. NAME OF STENOGRAPHER : Mrs.Prajakta K. More NAME OF THE JUDGE HHJ SHRI.M.S.Kulkarni (C.R.No.56) Date of Pronouncement of Order 23.12.2022 Order signed by the P.O. On 03.01.2023 Order uploaded on 03.01.2023