1 MHNS010049552022

Order below Exh. 1 in Criminal Anticipatory Bail Application No.1153/2022.

1.This is an anticipatory bail application moved by the applicant Aniket Jagannath Bankar under section 438 of the Code of Criminal Procedure against applicant at Mumbai Naka Police Station for the offence punishable under sections 326 and other of the Indian Penal Code.

2.In short it is contended by the applicant that on 14.09.2022 complainant and his son were screaming in loud. When applicant went to the house of the complainant he saw that there was quarrel between complainant and his son. Applicant intervene at that time complainant sustained injury on his head. He was sent to Civil Hospital for treatment at that time police conducted MLC and sent the complainant to police station to lodge the complaint. He has received phone call from the police station to remain present however he apprehends that police will arrest him. Hence, this application.

3.It is contended by the applicant that he is permanent resident of the address. He has not committed any offence in fact he went to separate the complainant and his son and has been falsely implicated. No overt act is done by him. He has not assaulted the complainant, however, the police of Mumbai Naka police came home and told that they will arrest him due to which he had filed the present application. Offence leveled against him u/s. 326 of IPC however no grievous injury has been sustained by the complainant to attract the said offence. He is ready to abide by the terms and conditions. Nothing has to be recovered from him.

Hence, prayed that application be allowed.

4.Say was called of the investigating officer. He has submitted that, NC has been registered against the present applicant bearing No.744/2022. No cognizable offence has been registered against applicant under section 326 of IPC at Mumbai Naka Police Station. Hence, prayed that application be disposed off.

5.Heard Ld. Advocate for the applicant and Ld. APP for the State. The I.O has categorically mentioned in Say that no cognizable offence is registered against this applicant in order to arrest him. In view of this say now there seems no apprehension of arrest. Provisions of Section 438 of Cr.P.C. does not contemplate grant of blanket anticipatory bail for offences not yet committed. Say of the I.O itself clear that no accusation has been leveled against the applicant in respect of cognizable and non­bailable offence.

6.Considering the facts and circumstances applicant is not inclined to grant of anticipatory bail. Hence, I proceed to pass following order :­

O R D E R

Application stands rejected.

Sd/­xxx Nashik. (V.S.Malkalpatte­Reddy) Date : 20/09/2022. Additional Sessions Judge, Nashik.