Bombay High Court
Lovelesh Kumar S/O Ombir Singh And Anr vs The State Of Maharashtra on 4 June, 2019
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
34&35ABA1178_2019.doc
Vidya Amin.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 1178 OF 2019
Sammer Pappu Dhaka ... Applicant
vs.
The State of Maharashtra ... Respondent
WITH
ANTICIPATORY BAIL APPLICATION NO. 1179 OF 2019
1. Lovelesh Kumar s/o. Ombir Singh
2. Sahil Rajpal Chaudhary ... Applicants
vs.
The State of Maharashtra ... Respondent
Mr. Rajkumar laxman A. Rajhuns. Advocate for the applicants.
Mr. Prashant Jadhav, APP for the respondent/State in
ABA/1178/2019.
Mr. A.A. Palkar, APP for the respondent/State in ABA/1179/2019
P.S.I. Katkre, Amboli Police Station present in the Court.
CORAM: REVATI MOHITE DERE, J.
DATED: 4th June, 2019
P.C. :
Heard learned Counsel for the parties.
2. By these applications, the applicants seek pre-arrest bail in
connection with Special L.A.C. No. 216 of 2018 registered with the
Amboli Police Station, Mumbai, for the alleged offences punishable
under Section 90 of the Maharashtra Prohibition Act, Section
33(R), 131 of the Maharashtra Police Act and Section 77 of the
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Juvenile Justice Rules.
3. Perused the papers. The applicant-Sammer in Anticipatory
Bail Application no. 1178 of 2019 is aged 19 years. He is an artist
by profession having worked as an Assistant Director in the Film
Industry. According to learned counsel for the applicant, the said
applicant is not the owner of LSD Hotel. As far as the two
applicants in Anticipatory Bail Application No. 1179 of 2019 are
concerned, the said applicants were conducting the business
under an agreement with M/s. Raju Rajeshwar Hospitality Pvt.
Ltd. It appears that the police of Amboli Police Station, on receipt
of information, gave a surprise visit to the LSD Hotel on 25 th
December, 2018, i.e., Christmas Day. During the surprise visit,
out of the 300-400 customers present in the pub, 7 boys were
found to be minor, i.e., below the age of 18 years and above 17
years. It is also alleged that music was playing without permission.
Pursuant thereto, three employees of LSD Hotel were arrested
and produced before the Metropolitan Magistrate, Andheri. DVR
was seized from the said hotel. According to the prosecution, the
said 7 minor boys should not have been permitted entry
considering that the place had restricted entry, i.e., for persons
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above 18 years only. It appears that investigation is over and
charge-sheet is filed against the arrested accused. All the
equipment has been seized.
4. As far as the applicants are concerned, it appears that
except applicant no. 1 in Anticipatory Bail Application No. 1178 of
2019, other applicants in Anticipatory Bail Application No. 1179 of
2019 were not even present on the spot at the time of incident. No
document has been produced to show that the Applicant in
Anticipatory Bail Application No. 1178 of 2019 aged 19 years, is
the owner of the said premises. As noted above, investigation is
over and all the records have been seized. Considering the facts,
custodial interrogation of the applicants is not required.
5. Accordingly, the Applications are allowed and the applicants
are granted pre-arrest bail on the following terms and conditions :
ORDER
(i) In the event of the arrest, the applicants be enlarged on bail on furnishing P.R. Bond in the sum of Rs.20,000/- each, with one or two sureties in the like amount;
(ii) The applicants shall report to the concerned 3 of 4 ::: Uploaded on - 07/06/2019 ::: Downloaded on - 14/07/2019 07:20:14 ::: 34&35ABA1178_2019.doc police station on 11th, 12th and 13th June, 2019 between 10 a.m. to 12 noon;
(iii) The applicants shall inform their latest place of residence and mobile contact numbers and/or change of residence or mobile details, if any, from time to time to the trial Court as well as to the concerned Police station, in writing;
(iv) The applicants shall not tamper with the evidence or attempt to influence/contact the complainant, witnesses or any person concerned with the case;
(v) The applicants shall cooperate in the conduct of the trial.
6. The Applications are allowed and disposed of in above terms.
7. It is made clear, that the observations made herein are prima facie and are confined to these applications.
8. All concerned to act o the authenticated copy of this order.
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