SABYASACHI DEVPRIYA NISHANK vs THE STATE OF MAHARASHTRA

Judgment text excerpt

905.BA.5341.24.doc Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 5341 OF 2024 Sabyasachi Devpriya Nishank .. Applicant Versus The State of Maharashtra .. Respondent ....................  Mr. Sachin Dhakephalkar, Advocate for Applicant.  Mr. Dinesh J. Haldankar, APP for Respondent – State. ......…........... CORAM : MILIND N. JADHAV, J. DATE : JANUARY 23, 2025. JUDGEMENT: 1. Heard Mr. Dhakephalkar, learned Advocate for Applicant and Mr. Haldankar, learned APP for Respondent – State. 2. This is an Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking Regular Bail in connection with C.R.No.575 of 2024 registered with Andheri Police Station for the offences punishable under Sections 110, 132, 281, 324(4) of the Bharatiya Nyaya Sanhita, 2023 (for short “BNS”) and Section 185 of the Motor Vehicles Act, 1988. Applicant is incarcerated since 28.11.2024. 3. Briefly stated, prosecution case is that on 28.11.2024 First Informant / Complainant was on night duty and was stationed at Gokhale Bridge, Western Express Highway, Andheri (East), Mumbai 1 of 8 905.BA.5341.24.doc for Blockade (Nakabandi) Check Post. At about 01:05 in the night, one motor car bearing No.MH47-Q-1349 came there but did not stop inspite of the fact that First Informant / Complainant asked him to stop and dashed the barricade and went away. Therefore First Informant / Complainant chased the said motor car. However the Applicant - accused did not even stop at the next Blockade (Nakabandi) Check Post at Holy Family School, Mahakali Road and there also gave dash to the barricades and tried to flee away and while doing so he drove his vehicle in rash and negligent manner and gave dash to 2-3 moving motor cars. Thereafter Applicant