IN THE COURT OF SESSIONS, AT DINDOSHI (BORIVALI DIVISION), GOREGAON, MUMBAI ANTICIPATORY BAIL APPLICATION NO.1942 OF 2022 (CNR NO.MHCC050064772022) IN C.R. NO.735 OF 2022 (BANGUR NAGAR POLICE STATION)
1.Chandrakant Chunibhai Panchal )
Aged – 56 years, Occ: Business )
2.Unnati Mehulkumar Mistry)
Aged 32 years, Occ: Business, )
Both residing at Patidar Gin Compound, Bardoli, Dist. Surat.) ..Applicant
Versus
State of Maharashtra) (Bangur Nagar Police Station, C.R.No.735/2022) ) ..Respondent
Adv. Mr. Shivaji Farakate for the applicant.
APP Mr. Shailesh Pachapohar for the State.
PSI Mr. Tare attached to Bangur Nagar Police Station present.
Coram : His Honour Addl. Sessions Judge, Ashish Ayachit (C.R.No.8) Date : 7th December, 2022.
ORDER
This is an application for anticipatory bail in respect of Crime No.735/2022 registered with Bangur Nagar Police Station for the offence punishable under Sections 354, 354B, 509, 506 and 500 r/w Section 34 of I.P.C.
2.Perused the application and say of Investigation Officer.
3.Heard Adv. Mr. Shivaji Farakate for the applicants and APP Mr. Shailesh Pachapohar for the prosecution and the Investigation Officer PSI Tare present in the court.
4. I have carefully gone through the FIR and its contents. Let me note that the applicants approached to the Hon’ble High Court of Gujarat, Bench at Ahmedbad in Criminal Misc. Application (For Transit Bail) No.19873 of 2022 wherein the Hon’ble High Court was pleased to grant transit anticipatory bail for 30 days, looking to the facts and circumstances of the present case by order dated 20.10.2022. The Investigation Officer opposed the bail application only on the ground that it is non bailable offence, there is involvement of the applicants and he wants to investigate thoroughly and the applicants are likely to tamper prosecution evidence. There is no reason for custodial interrogation, however in view of the submission of the Investigation Officer that he will complete investigation within 4 days, if the applicants appear in the police station and cooperate in investigation, I think it proper to put following conditions while enlarging the applicants on anticipatory bail. I, therefore, pass the following order :
ORDER
1.The applicant No.1Chandrakant Chunibhai Panchal and applicant No.2 Unnati Mehulkumar Mistry be released on anticipatory bail on executing personal bond in the sum of Rs.15,000/ (Fifteen Thousand Rupees Only) each with one or two sureties in the like amount, in the event of their arrest in Crime No.735/2022 registered with Bangur Nagar Police Station for the offence punishable under Sections 354, 354(B), 509, 506, 500, 34 of I.P.C., on the following conditions :
(i) They shall attend police station on 19.12.2022, 20.12.2022, 21.12.2022 and 22.12.2022 in between 10.00 a.m. to 12.00 noon.
(ii) They shall not tamper with the prosecution witnesses and or give any threat or put any influence over the witnesses.
(iii) They shall not commit similar type of offence in future.
(iv) They shall submit their permanent address proof with the Investigation Officer and attend on the day when the chargesheet, if any, will be filed against them in the Court of Magistrate.
2.Inform the concerned Police Station, accordingly.
3.Anticipatory Bail Application No. 1942/2022 stands disposed of, accordingly.
Digitally signed by ASHISH ARVIND AYACHIT Date: 2022.12.08 17:57:55 +0530 Date: 7.12.2022 (Ashish Ayachit) Additional Sessions Judge, City Civil & Sessions Court, Borivali Division, Dindoshi Goregaon, Mumbai Dictated by HHJ on : 7.12.2022 Transcribed on : 7.12.2022 Signed by HHJ on : 8.12.2022 “CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER.” UPLOAD DATE ATUL SURYAKANT BHOGTE AND TIME : 08.12.2022 5.40 P.M. NAME OF STENOGRAPHER Name of the Judge (with Court Room No.) HHJ Shri Ashish Ayachit (Court Room No.8) Date of Pronouncement of Judgment/Order 07.12.2022 Judgment/Order signed by P.O. on 08.12.2022 Judgment/Order uploaded on 08.12.2022 ABA-1942/222 4 Order