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2014 DIGILAW 1490 (BOM)

Akbat Kaimat Jaan Pasha v. State of Maharashtra

2014-07-09

MRIDULA BHATKAR

body2014
JUDGMENT Mridula Bhatkar, J. 1. Not on Board. Upon mentioning, taken on Board. These two Anticipatory Bail Applications are moved as the applicants are facing charges under sections 504, 506(2), 36, 143, 147,148, 149 r/w section 452 of the Indian Penal Code. It is the case of the prosecution that on 11.4.2014, the applicants alongwith others threatened the complainant and her family members on the ground of lodging a FIR against them. They all went to their house which was across the road and from the terrace of their house, they started throwing bottles on the road at random and so the people got scared and starting running and then the police arrived at the spot and the offence was registered against the accused. 2. On perusal of the FIR, it emerges that the co-accused Amirzada had entered the house and had threatened them. Thus, the applicants, as per the allegations in the FIR, did not enter the house of the complainant. However, they had participated in the crime of throwing bottles on the road violently. 3. Learned Prosecutor has opposed the application as there are criminal antecedents against the applicants. 4. Perused the FIR. In view of the charges levelled against the applicants and the sections invoked, prima facie, I do not find there is any non-bailable offence. However, as section452 of the Indian Penal Code is invoked against all, the applicants are granted pre-arrest bail subject to the following terms: "i) In the event of arrest, the applicants be enlarged on bail on furnishing P.R. Bond in the sum of Rs. 15,000/- each, with one or two sureties in the like amount; ii) The applicants shall not tamper with the evidence; iii) The applicants shall not indulge into any kind of such offences and shall not pressurise or threaten the complainant; iv) The applicants shall co-operate with the Investigating Officer and shall report to the concerned Police Station twice a week i.e., every Monday and Friday between 6pm to 8pm, till filing of charge-sheet." Anticipatory bail applications are disposed of accordingly.