Thus, in this case except
for the alleged statement of the co-accused, which is
inadmissible in evidence, there is no evidence to
connect the Applicant with this crime. Though earlier
there was one similar offence was registered against
him, undeniably he is acquitted therefrom. Hence, the
liberty of the Applicant deserves to be protected.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 1675 OF 2024
Anil Vasant Kapse Vs The Superintendent Of Police And Another
CORAM : R.M. JOSHI, J
DATE : OCTOBER 15, 2024
PER COURT :
1. Applicant apprehends arrest in connection with
with C.R. No. 277/2024 registered with Murud Police
Station, Dist. Latur for the offences punishable under
Sections 123, 223, 274, 275, 3(5), 59 of the Bharatiya
Nyaya Sanhita.
2. First information report indicates that raid
was conducted for the seizure of the contraband Gutka
and Pan Masala. FIR indicates that the said seizure was
done from the house of Vitthal, Sandipan and Anil Kapse
(present Applicant) as well as from the vehicle bearing
no. MH-24-F-8493.
3. Learned Counsel for the Applicant submits that
the vehicle from which the alleged seizure has been
done does not belong to the Applicant. He further
claims that though one offence was registered against
him, he is already acquitted form the said offence.
4. Learned APP opposed the application, however,
does not dispute the fact that there is no seizure
effected from the house of the Applicant. He however
claims that seizure has been effected from the vehicle
belonging to the Applicant as it was parked in front of
the Applicant.
5. Learned Counsel for the Applicant has made
solemn statement that the said vehicle is not belonging
to the Applicant. This statement is accepted as
undertaking to this Court. Police papers indicate that
the said vehicle stands in the name of the some other
person and not the Applicant. Thus, in this case except
for the alleged statement of the co-accused, which is
inadmissible in evidence, there is no evidence to
connect the Applicant with this crime. Though earlier
there was one similar offence was registered against
him, undeniably he is acquitted therefrom. Hence, the
liberty of the Applicant deserves to be protected.
Hence, the order:
O R D E R
(i) Application is allowed.
(ii) In the event of arrest of the Applicant in
connection with C.R. No. 277/2024 registered
with Murud Police Station, Dist. Latur for
the offences punishable under Sections 123,
223, 274, 275, 3(5), 59 of the Bharatiya
Nyaya Sanhita, he shall be released on bail
on furnishing PR bond of Rs. 15,000 (Rupees
Fifteen Thousand Only) with one surety in
the like amount.
(iii) He shall attend the concerned police station
as and when required.
(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.)
No comments:
Post a Comment