HIGH COURT OF BOMBAY
GANESH DEEPAK BHOPLE – Appellant
Versus
THE STATE OF MAHARASHTRA – Respondent
ABA 469/2021
: 1 :
37 & 40-aba-469 & 472-21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 469 OF 2021
Ganesh Deepak Bhople
.... Applicant
Versus
The State of Maharashtra
.... Respondent
WITH
ANTICIPATORY BAIL APPLICATION NO. 472 OF 2021
Poonam Ganesh Bhople
.... Applicant
Versus
The State of Maharashtra
.... Respondent
______
Mr. Satyavrat Joshi for Applicants in both ABAs.
Mrs. J. S. Lohokare, APP for State/Respondent in ABA/472/21.
Mr. S. H. Yadav, APP for State/Respondent in ABA/469/21.
______
CORAM : SARANG V. KOTWAL, J.
DATE
: 18th FEBRUARY, 2021
P.C. :
1.
Both these applications are decided by this common
order as they arise out of the same offence and the same
investigation. For the sake of convenience, both the applicants are
referred to by their names.
2.
Heard Shri. Satyavrat Joshi, learned counsel for the
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Gokhale
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applicants, Shri. Yadav, learned APP for the State in ABA No.469 of
2021 and Smt. Lohokare, learned APP for the State in ABA No.472
of 2021.
3.
The Applicants are seeking anticipatory bail in
connection with C.R.No.480 of 2020 registered with Vadgaon
Police Station, Kolhapur under sections 353, 283, 143, 147, 186,
504 and 506 r/w. 149 of the Indian Penal Code (for short ‘IPC’)
and under sections 3 and 4 of the Maharashtra Prevention of
Defacement of Property Act, 1995.
4.
The First Information Report (for short ‘
F.I.R.) is
lodged by Police Constable Ranveer Jadhav attached to Vadgaon
police station. He has stated that, on 11/12/2020, the senior
police officers and the informant had gone to Vathar village for
generally supervising law and order situation there. The villagers
made a complaint that one Deepak Bhople had placed an
advertisement board in front of his shop which was causing
obstruction to traffic. The police party went there. They found
substance in the grievance and, therefore, Deepak Bhople was
asked to remove that advertisement board. He had agreed to do
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that. On 20/12/2020 again police party was passing through that
road. They saw that around 9:30p.m. there was heavy traffic on
that particular road and there was traffic jam. The police found
that cause of that traffic was the same poster. It was not removed
by Deepak Bhople. Police went to him and asked him to remove
that board. Deepak Bhople got angry and started quarreling with
the police. He pushed one officer Dheeraj. It is alleged that,
present applicant Ganesh was Deepak’
s son. Applicant Poonam was
applicant Ganesh’
s wife. Both of them and unknown persons
joined Deepak Bhople and told the police that they would not
remove the board and that they would even commit suicide.
Deepak Bhople started banging his head on the floor. Police tried
to pacify him. Deepak’
s daughters came there and started making
false allegations and threatening the police party. On these
allegations the F.I.R. was lodged.
5.
Shri. Joshi submitted that, in the entire F.I.R.
allegations against the present applicants are much lesser
compared to Deepak Bhople. Only non bailable office alleged
against the applicants is under section 353 of IP.C. But that offence
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is not made out against the applicants. Therefore they deserve
protection of anticipatory bail.
6.
Learned APP, on instructions, stated that the main
accused Deepak is already arrested. They submitted that the
applicants’ role also cannot be ignored and leniency cannot be
shown to them.
7.
I have considered these submissions. As rightly pointed
out by Shri. Joshi, F.I.R. does not show any allegations against the
present applicants mentioning that they had assaulted the police
officers or had used criminal force. All these allegations are
directed against Deepak Bhopse. Considering this lesser role
played