Bombay High Court
Abdul Rahman @ Bablu S/O. Abdul Basit vs The State Of Maharashtra on 4 March, 2019
Author: V. K. Jadhav
Bench: V. K. Jadhav
11-ABA-138-2019.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
11 ANTICIPATORY BAIL APPLICATION NO.138 OF 2019
WITH
CRIMINAL APPLICATION NO. 808 OF 2019
ABDUL RAHMAN @ BABLU S/O. ABDUL BASIT
VERSUS
THE STATE OF MAHARASHTRA
...
Advocate for Applicant : Mr. G.R. Syed
APP for Respondent/State: Mr. B.V. Virdhe
Advocate to assist APP: Mr. Santosh C. Bhosle
...
CORAM : V. K. JADHAV, J.
DATED : 4th MARCH , 2019
PER COURT:-
1. Heard the learned counsel appearing for the applicant
in Criminal Application No.808 of 2019. For the reasons
stated in the application, the same is allowed in terms of
prayer clause "B" and disposed of accordingly.
2. The applicant is seeking pre-arrest bail in connection
with Crime No.0009 of 2019 registered with Bhokar Police
Station, District Nanded, for the offences punishable under
Sections 381, 406 and 323 read with Section 34 of IPC. His
application with similar prayer bearing Misc. Criminal
Application No.13 of 2019 came to be rejected by the
Additional Sessions Judge, Bhokar by order dated
18.01.2019.
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3. The learned counsel for the applicant submits that the
allegations made in the F.I.R. though admitted as it is, no
offence under Sections 406 and 381 of IPC even prima facie
is made out as against the applicant. So far as the present
applicant is concerned, there was no entrustment of the
property or the applicant was not having any dominion over
the property, in any manner. There was no question of
misappropriating dishonestly the property owned by the
informant. So far as the charge under Section 381 is
concerned that pertains to the theft committed by the
servant. Admittedly, the applicant is not servant of the
informant. The antecedents of the applicant are clear. He
may be released on anticipatory bail.
4. The learned APP assisted by Mr. Santosh C. Bhosle,
learned Advocate, has strongly resisted the application on
the ground that at this stage, it would not be desirable to go
into the ingredients of Section 406 and 381 of IPC,
respectively. The serious allegations have been made
against the present applicant. It has been alleged in the
F.I.R. that by joining hands with Muneem of the informant,
the applicant has taken away the grocery articles without
any payment thereon. The custodial interrogation of the
applicant is required to recover the said grocery articles or
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the amount thereof. The applicant is not entitled for
anticipatory bail.
5. On going through the allegations made in the
complaint and on perusal of the investigation papers, it
appears that even though the allegations made in the F.I.R.
are accepted as it is, prima facie, no case is made out
against the applicant for the offences punishable under
Sections 406 and 381 of the Indian Penal Code. So far as
the charge under Section 381 is concerned, admittedly the
applicant is not the servant of the informant. So far as the
charge under Section 406 is concerned, the applicant is
admittedly is not connected with the grocery shop of the
informant. It has been alleged in the complaint that the co-
accused Muneem has handed over certain grocery articles to
the applicant by accepting certain amount from him. The
applicant has no dominion over the property of the
informant in any manner. The antecedents of the applicant
are clear. Even though the applicant on his own has given
offer to pay Rs.1,50,000/- to the informant as damages, the
informant is not ready to accept the same for the reason
best known to him. Thus, considering the entire aspects of
the case, I am inclined to grant anticipatory bail to the
applicant with certain conditions. Hence, the following order:
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ORDER
I. The application is hereby allowed.
II. In the event of arrest of the applicant i.e. ABDUL RAHMAN @ BABLU S/O. ABDUL BASIT - in connection with Crime No.0009 of 2019 registered with Bhokar Police Station, District Nanded, for the offences punishable under Sections 381, 406 and 323 read with Section 34 of IPC, he be released on bail on his furnishing P.B. of Rs.15,000/- (Rupees Fifteen Thousand) with one surety of the like amount, on the following conditions;
a. The applicant shall not tamper with the prosecution evidence in any manner.
b. The applicant shall attend the concerend Police Station once in a week i.e. on every Sunday between 8.00 am to 11.00 am, till filing of the charge sheet.
III. The anticipatory bail application is accordingly disposed of.
( V. K. JADHAV, J.) Sam..
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