CNR No. MHNS010001882022
Order below Exh.1 in Cri. Bail Application No.66/2022.
( Ajit Dilip More Vs. State )
The present anticipatory bail application is moved by the applicant under section 438 of the Code of Criminal Procedure in connection with the written complaint filed by Mahendra Ranchhoddas Rana R/o. Lasalgaon with MIDC Sinnar Police station bearing complaint application No.1570/2021 dated 31.12.2021.
2.It is stated in the application that the complainant had earlier made similar type of allegations against the applicant with Lasalgaon Police Station and therefore, he had moved District and Sessions Court, Niphad. However, as the crime was not registered, anticipatory bail application moved by the applicant is rejected by the Sessions Court, Niphad on 23.9.2021 in Cri. Bail Appln. No.400/2021. It is stated that similar type of allegations made in the written complaint submitted to MIDC Sinnar Police Station.
Report is received from the police, wherein it is stated that though complaint application is received however, crime is not registered in the matter. Therefore, learned counsel Shri. Pradhan submitted that to give an opportunity to the applicant to move again to this Court in terms of anticipatory bail and some breathing period of 72 hours required to be granted in the evidence of registration of crime and police intending to arrest the present applicant in the said crime.
3.After going through entire record that the applicant is apprehending arrest in connection with the complaint application moved by Mahendra Ranchhoddas Rana. The learned counsel Shri. Pradhan submitted at bar that same types of allegations are made against his client by the said complainant and earlier complaint with Lasalgaon police station, but police did not register the crime on the basis of allegation and he again change the jurisdiction and moved complaint application with similar type of allegation with MIDC Sinnar Police station. Therefore, considering the modus operandi of the complainant that he is changing the jurisdiction of the police to take recourse against the applicant and therefore, it would be proper that some breathing period is required to be given to the applicant so as to move court for further steps. Hence, following order.
O R D E R
1) Incharge of MIDC Sinnar Police Station, Nashik is directed to issue 72 hours notice before arrest against the applicant in the event of registration of FIR in connection with the complaint filed by Mahendra Ranchhoddas Rana bearing No.1570/2021 dated 31.12.2021, so that he can approach to this Court.
2) Accordingly, present application is disposed of.
SHINDE Digitally signed by SHINDE MADHAV MADHAV A A Date: 2022.01.19 18:38:18 +0530 ( M.A. Shinde ) Date. 19.01.2022 Additional Sessions Judge 8, Nashik.