UMESHKUMAR Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2018-11-133
HIGH COURT OF BOMBAY
Decided on November 26,2018

Umeshkumar Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

- (1.) The applicant apprehending arrest in connection with the offences punishable u/s 353,379,323,504,506 of I.P.C . registered vide Crime No. 39/2018 with Marwad police station, Taluka Amalner, District Jalgaon, has preferred this application for anticipatory bail.
(2.) Heard the learned counsel for applicant and learned A.P.P. for the State. Perused the F.I.R. as well as papers of investigation.
(3.) Mr. Patil, learned counsel for applicant submits that the applicant is falsely implicated in the case at the instance of complainant. It is pointed out that in the F.I.R. lodged by complainant on 12/10/2018, the complainant has categorically stated that Tractor No. MH- 18 N-0110 with trolley without registration number was involved in the case. The applicant is alleged to be driving the said tractor with trolley without registration number and carrying illegally excavated sand. It is submitted that in the reply filed to the Criminal Bail application No. 241 of 2018 by the present applicant before the Court of Additional Sessions Judge, Amalner, the vehicle involved in the case is shown as old Mahindra Sarpanch 575 model tractor bearing registration No. MH-19-AP-9080. The said tractor is shown to be seized in connection with the offence registered. It is pointed out that the tractor referred in the F.I.R. and the tractor shown to be seized which stands in the name of father of the applicant are altogether different. In this back-ground, learned counsel submits that the complaint filed against the applicant is false and there is no evidence as such to connect the applicant with the commission of offence. It is submitted that investigation is practically over. Custodial integration of the applicant is not required. It is further submitted that the applicant is having no past record of indulging in any criminal activity including theft of sand. It is submitted that in case the applicant is not protected by this Court, there is every likelihood that the applicant may be arrested and humiliated for no offence committed on his part.;


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