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[Cites 6, Cited by 0]

Bombay High Court

Prajeesh K. Narayan vs State Of Maharashtra on 13 February, 2023

Author: M. S. Karnik

Bench: M. S. Karnik

                      Diksha Rane                                     918. ABA 443-2023.doc




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 DIKSHA                         CRIMINAL APPELLATE JURISDICTION
 DINESH
 RANE
Digitally signed by          ANTICIPATORY BAIL APPLICATION NO.443/2023
DIKSHA DINESH
RANE
Date: 2023.02.14
11:28:16 +0530
                      PRAJEESH K. NARAYAN                       ..APPLICANT
                            VS.
                      THE STATE OF MAHARASHTRA                  ..RESPONDENT
                                                 ------------
                      Adv. Sana A. Khan a/w. Adv. Mayur Parwani for the applicant.
                      Mr. S. H. Yadav, APP for State.
                      PSI Amol Kamble, Dindoshi Police Station.
                                                 ------------
                                             CORAM : M. S. KARNIK, J.

                                              DATE     : FEBRUARY 13, 2023.
                      P.C. :

                      1.      Heard learned counsel for the applicant and learned

                      APP.

                      2.      For the purpose of this application, the order dated

                      January 24, 2023 in ABA No.227/2023 needs to be

                      reproduced. The same reads thus: -

                             1.    Heard learned counsel for the applicants and
                             learned APP.
                             2.    This is an application for pre-arrest bail. The
                             applicants are apprehending arrest in connection with
                             FIR No.1021 of 2022 dated 30/09/2022 registered with
                             Dindoshi Police Station for offence punishable under
                             sections 354B, 354, 324, 323, 504, 34 of the Indian Penal
                             Code, 1860.
                             3.    Applicant no. 1 is the wife of applicant no. 3.
                             Applicant no. 2 is the daughter of applicant no. 3. The
                             applicants and the complainant are residing in the same


                                                                                              1/3
 Diksha Rane                                     918. ABA 443-2023.doc


     society. There is dispute over parking of vehicles going
     on for quite some time. My attention is invited to the
     order dated 29/09/2014 passed by the Co-operative
     Court No. IV at Mumbai where certain orders are passed
     regarding parking of vehicles of the applicants. That
     issue also pertains to same dispute between the
     applicant and complainant.
     4.     There are cross cases filed. It is alleged that there
     was a quarrel between the applicant and complainant
     which resulted in the assault. The complainant suffered
     simple injury. Applicant no. 2 is alleged to have suffered
     fracture injury when she was assaulted by the
     complainant. Considering the nature of the accusations,
     cross FIRs registered, in the present facts, custodial
     interrogation of the applicants is not required.


3.    The applicant herein is the real brother of the co-

accused Krishna Prasad Narayan. The role of the present

applicant is similar to that of the co-accused Krishna Prasad

Narayan. As the co-accused Krishna Prasad Narayan has

been granted pre-arrest bail, even the present applicant can

be granted pre-arrest bail considering the nature of the

accusations and the cross FIRs filed. Hence the following

order.

                                  ORDER
      (a)     Application is allowed.


      (b)     In the event of arrest in connection with First

Information Report (FIR) No.1021/2022 registered with the Dindoshi Police Station, the applicant shall be 2/3 Diksha Rane 918. ABA 443-2023.doc released on bail on furnishing P.R. Bond to the extent of Rs.15,000/- with one or more sureties in the like amount.

(c) The applicant shall report to the concerned police station on 16th and 17th, February, 2023, between 11.00 a.m. and 1.00 p.m. and thereafter, as and when called.

(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with evidence.

(e) The applicant shall furnish the details of his residential address and phone numbers to the investigating officer.

4. The application is disposed of.

(M. S. KARNIK, J.) 3/3