Bombay High Court
Uttam S/O. Sitaram Naik vs The State Of Maharashtra on 28 January, 2022
Author: C.V. Bhadang
Bench: C.V. Bhadang
8 ABA 207-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 207 OF 2022
SNEHA
NITIN
CHAVAN Uttam s/o Sitaram Naik ..Applicant
Digitally signed
by SNEHA NITIN
V/s.
CHAVAN
Date: 2022.01.28 The State of Maharashtra ..Respondent
17:43:32 +0530
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Mr. Abhaysinh Bhosale for the Applicant.
Mr. S.R. Agarkar, APP for the Respondent/State.
P.N. H.K. Mengal, Roha Police Station, Raigad present.
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CORAM : C.V. BHADANG, J.
DATE : 28 JANUARY 2022
(Through Video Conferencing)
P.C.
1. The Applicant apprehending arrest, in connection with
investigation of Crime No. 144 of 2021 registered with Roha
Police Station, District Raigad under Section 353, 354, 332, 189,
504, 506 read with Section 34 of IPC, is seeking anticipatory
bail.
2. The aforesaid crime is registered on the basis of a complaint
dated 22.12.2021 filed by Ms. Ashlesha Rokade, who is working
as a Junior Engineer with the Maharashtra State Electricity
Distribution Company Limited ('MSEDCL' for short). It appears
that the Applicant, who is working as a Deputy Sarpanch
Sneha Chavan page 1 of 4
8 ABA 207-22.doc
Grampanchayat Nidi, Taluka Roha had gone to the office of the
informant to inquire about the status of the representation given
by the grampanchayat, complaining about non working of street
lights from the Railway station to the village. According to the
informant, she asked the Applicant whether the arrears of the
electricity charges are paid, whereupon the Applicant is alleged to
have abused and threatened the informant in a high tone and had
used criminal force to her.
3. The learned counsel for the Applicant submitted that the
Applicant had not used any criminal force to the informant and
all that he had gone to the office of the informant was to inquire
about the representation made in respect of the street lights.
4. The learned APP points out that as per the Bill dated
06.01.2022, Grampanchayat is shown to be in arrears of
Electricity Charges of Rs. 2,03,610/- and the informant was
justified in asking about the arrears before the representation can
be addressed. It is submitted that the act of the Applicant
constitutes a serious interference with the working of the public
servant.
5. The learned counsel for the Applicant seeks time to take
specific instructions on the arrears and also states that he will
Sneha Chavan page 2 of 4
8 ABA 207-22.doc
ascertain whether the Grampanchayat has paid or is willing to
deposit the said amount before the MSEDCL.
6. Considering, the over all circumstances, for the present, the
following order is passed:
ORDER
i) In the event of his arrest, in connection with the investigation of Crime No. 144 of 2021 registered with Roha Police Station, District Raigad, the applicant be released on bail on executing a PR Bond in the sum of Rs.20,000/- with one or two solvent sureties in the like amount.
ii) The applicant shall attend the Investigating Officer once in two weeks on every Monday between 11.00 a.m. to 1.00 p.m. and as and when required by the Investigating Officer.
iii) The first of such attendance shall be made on 31.01.2022.
iv) The applicant shall co-operate with the Investigating Agency and shall not tamper with the prosecution evidence/witnesses.
v) The Applicant shall not make any attempt to contact the first informant or any of the staff/members of the MSEDCL.
Sneha Chavan page 3 of 4
8 ABA 207-22.doc
vi) In the event of breach of any of the conditions, the
interim protection is liable to be vacated.
vii) The Applicant shall take specific instructions about the arrears of the electricity charges.
viii) This order shall remain in force till next date.
ix) Stand over to 18.02.2022.
(C.V. BHADANG, J.)
Sneha Chavan page 4 of 4