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    2024:BHC-AS:26776

    LatestLaws.com
    511_ABA1546_24.doc

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY


    CRIMINAL APPELLATE JURISDICTION
    ANTICIPATORY BAIL APPLICATION NO.1546 OF 2024

    Rahul Ashok Pandey … Applicant


    Vs.
    State of Maharashtra … Respondent

    Mr. Anand Pande a/w. Mr. Prashant Jain i/b. Mr. Sachin Pandey for Applicant.
    Ms. Megha S. Bajoria, APP for Respondent-State.
    Mr. S. S. Singh for Informant-Intervener.
    Mr. Sagar Tilekar, P.I., Naigaon Police Station, Mira-Bhayandar, Vasai-Virar
    Commissionerate.

    CORAM : MANISH PITALE, J.


    DATE : JULY 08, 2024
    P.C. :
    . Heard Mr. Pande, learned counsel for the applicant and
    Ms.Bajoria, learned APP for the respondent-State. Mr. Singh, Advocate,
    having instructions to appear for the first informant, is also heard.

    2. The applicant is apprehending arrest in connection with FIR


    No.0124 of 2024 dated 14.03.2024 registered with Naigaon Police
    Station, District - Mira Bhayander, Vasai Virar, for offences under
    Sections 323, 326 and 504 r/w. Section 34 of the Indian Penal Code,
    1860 (IPC).

    3. As per the first informant, in an incident that took place on


    17.09.2023, the applicant and two other accused persons launched an
    assault, due to which, the informant suffered injury and fracture to his
    fingers, thereby giving rise to cause of action for him to approach the
    police for registration of the FIR.

    4. The learned counsel for the applicant submits that this is a case
    MINAL Digitally signed by
    MINAL SANDIP
    SANDIP PARAB
    Date: 2024.07.09
    PARAB 14:20:11 +0530

    concerning cross FIRs. Attention of this Court is invited to FIR dated

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    18.09.2023 registered at the behest of the applicant for the very same
    incident, which occurred on 17.09.2023. It is submitted that on the basis
    of the information given by the applicant, the said FIR was registered
    against unknown persons, but later during the course of investigation,
    the accused persons were identified and arrested, one of whom is the
    informant, who has caused the registration of the subject FIR. It is
    submitted that the said FIR in which the applicant has been arraigned as
    accused is registered after about six months of the date of the incident.

    5. It is submitted that in the present case, the informant was arrested


    in connection with the FIR registered at the behest of the applicant and
    after he was released on bail, clearly as an after-thought and a
    counterblast, the subject FIR has been registered. Reference is also made
    to the documents placed on record, showing the extent of injuries
    suffered on the head of the applicant at the time of the incident and on
    this basis, it is submitted that in the present case, this Court may grant
    anticipatory bail as the applicant is ready to co-operate with the
    investigation.

    6. On the other hand, the learned APP produced investigation papers


    to show that the informant in the present case did suffer injuries on his
    fingers, showing a fracture to one of his fingers. It is submitted that the
    medical documents on record do indicate that the informant in the
    present case also suffered injuries and that a specific role is attributed to
    the applicant in that regard. It is submitted that the subject FIR was
    registered after the informant was released on bail in connection with the
    FIR registered at the behest of the applicant.

    7. The learned advocate, having instructions to appear for the


    informant, supported the submissions made by the learned APP and he
    submitted that the custody of the applicant is necessary.

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    8. Having perused the papers and upon hearing the learned counsel
    for the applicant, this Court finds that there is a considerable delay in
    registration of the subject FIR on 14.03.2024, pertaining to the incident
    dated 17.09.2023. The record clearly shows that the informant, in this
    case, is an accused in the FIR registered at the behest of the applicant
    with regard to the said incident. The FIR registered at the behest of the
    applicant was immediately registered on 18.09.2023, just past midnight,
    while the incident is said to have taken place in the afternoon of
    17.09.2023. The documents on record show that in the incident, the
    applicant suffered a head injury, which resulted in a mild depressed
    fracture of left parietal bone and also hematoma.

    9. The informant, in the present case, was arrested in connection


    with the said FIR registered at the behest of the applicant. Subsequently,
    he was released on bail.

    10. Considering the fact that the subject FIR has been registered after
    about six months of the incident, prima facie, it appears to be a
    counterblast and an after-thought to the FIR registered against the
    informant at the behest of the applicant. It is not as if the subject FIR,
    being a cross FIR regarding the same incident, was registered in
    proximity of time to the FIR dated 18.09.2023 registered at the behest of
    the applicant. The Sessions Court appears to have completely ignored
    this aspect of the matter, while considering the anticipatory bail
    application filed by the applicant. There is nothing to indicate that the
    applicant has any criminal antecedents or that he is a flight-risk and in
    any case, the applicant has undertaken to co-operate with the
    investigation. Hence, the application deserves to be allowed.

    11. In view of the above, the application is allowed in the following


    terms:-
    A. In the event the applicant is arrested in connection with FIR

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    No.0124 of 2024 dated 14.03.2024 registered with Naigaon


    Police Station, District - Mira Bhayander, Vasai Virar, he
    shall be released on bail on furnishing PR Bond of
    Rs.15,000/- [Rupees Fifteen Thousand only] with one or two
    sureties in the like amount;

    B. The applicant shall remain present before the investigating


    officer between 10:00 a.m. and 12 noon on 10.07.2024 and
    thereafter, as and when called by the investigating officer.
    He shall co-operate with the investigation;

    C. The applicant shall not influence the informant, witnesses or


    any person concerned with the case and she shall not tamper
    with the evidence.

    12. Needless to say, violation of any of the aforesaid conditions would


    make the applicant liable to face proceedings for cancellation of
    anticipatory bail. It is also clarified that the observations made in this
    order are limited to the question of grant of anticipatory bail to the
    applicant in the present application and that the trial Court shall proceed
    further, without being influenced by the observations made in this order.

    13. The application is disposed of.

    (MANISH PITALE, J.)

    Minal Parab

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