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Sunday, 3 August 2025

Bombay HC: Under which circumstances the accused prosecuted for offence U/S 328 of IPC can be released on anticipatory bail?

 Learned APP opposed the application with the contention that co-accused are made statement about he being at the spot with the present applicant and also states about the applicant to be owner of the said article. Thus, according to him there is evidence to connect the applicant with the crime. He submitted that the Investigating Officer could not search the premises of the applicant as he has absconded. {Para 3}

4. Though perusal of the investigation papers show that co-accused claimed that applicant was there at the spot along with the applicant however, the first information report which is given by Senior Police Officer does no show his presence. The statement of the co-accused which is otherwise also not admissible in evidence becomes doubtful too. The submissions of the prosecution that the premises of the applicant could not be searched for want of his presence does not deserve acceptable as it was open for the investigation officer to take appropriate steps for obtaining warrant for search of the premises. In action on the part of the investigating officer to take steps in this regard speaks volumes.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO.864 OF 2023

AJAY GOVIND BOMBATKAR Vs THE STATE OF MAHARASHTRA

CORAM : R. M. JOSHI, J.

DATE : 08th JUNE, 2023


1. The applicant is apprehending arrest in connection with C.R.

No. 127 of 2023 registered with Muktainagar Police Station, Dist. Jalgaon

for the offences punishable under Sections 328, 272, 273, 188 of IPC.

The information given by Dy.S.P., Muktainagar about seizure of Gutkha

and other contra band articles from Rajesh Morkar. At that time along

with these contra band articles the vehicle was also seized. It is recorded

in the report that accused Rajesh has informed to the police about the

said article being owned by present applicant. Applicant therefore

apprehends arrest.

2. Learned counsel for the applicant states that provisions of

Section 328 of IPC may not be applicable to the present case. It is

further submitted that except for the alleged statement of the co

accused there is absolutely no evidence on record to connect applicant

with this crime. He further states that as the entire muddemal is seized,

nothing is to be recovered from the present applicant and his custodial

interrogation need not necessary.

3. Learned APP opposed the application with the contention that co-accused are made statement about he being at the spot with the present applicant and also states about the applicant to be owner of the said article. Thus, according to him there is evidence to connect the applicant with the crime. He submitted that the Investigating Officer could not search the premises of the applicant as he has absconded.

4. Though perusal of the investigation papers show that co-accused claimed that applicant was there at the spot along with the applicant however, the first information report which is given by Senior Police Officer does no show his presence. The statement of the co-accused which is otherwise also not admissible in evidence becomes doubtful too. The submissions of the prosecution that the premises of the applicant could not be searched for want of his presence does not deserve acceptable as it was open for the investigation officer to take appropriate steps for obtaining warrant for search of the premises. In action on the part of the investigating officer to take steps in this regard speaks volumes.

5. Having regard to the aforesaid facts and circumstances of the

case, custodial interrogation of the applicant is not necessary. Hence the

order.

ORDER

(i) Application is allowed.

(ii) In the event of arrest of applicant in connection with

Crime No. 127/2023, registered with Muktainagar Police

Station, Dist. Jalgaon for the offences punishable under

Sections 328, 272, 273, 188 of IPC, he shall be released on

bail on furnishing PR Bond of Rs.15,000/- (Rupees Fifteen

Thousand only) with one solvent surety in the like amount.

(iii) Applicant is directed to appear before the concerned

Investigating Officer once a week till filing of the chargesheet.

(iv) He shall not contact the witnesses directly or indirectly.

(v) He shall not interfere with the evidence in any manner

whatsoever.

(vi) He is further directed to cooperate the investigating

agency for further investigation.

(R. M. JOSHI, J.)


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