TANMAY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this application, the applicant is seeking bail under Sec. 439 of the Code of Criminal Procedure along with Sec. 21(4) of the Maharashtra Control of Organized Crimes Act, 1999 in connection with Crime No.128/2023 registered under Ss. 307, 394, 384, 201 read with Sec. 34 of the Indian Penal Code and Ss. 3(1)(ii), 3(2), 3(4) 4 of the Maharashtra Control of Organized Crimes Act, 1999 (hereinafter referred as "MCOC Act")

(2.) It is submitted by the learned Counsel for the applicant that as far as the offences under Ss. 384, 394 and 201 are concerned, which are not attracted against the present applicant. He invited my attention towards the recital of the FIR and submitted that as per the allegation in the FIR on 18/2/2023 when the informant has opened his shop along with his brother, at the relevant time, at about 5.30 p.m. he returned back and at the relevant time, two persons came in his shop and assaulted him as well as his brother by fists and kick blows. It is alleged that one of the accused i.e. the present applicant has given a blow by beer bottle on the head of the brother of the informant. It is further alleged that the present applicant has attempted to gave a blow by that beer bottle on the abdominal portion of the informant, but he was rescued by the persons gathered there. On the basis of the said report, police have registered the crime.

(3.) After registration of the crime, the Investigation Officer has applied the provisions of the MCOC Act alleging that the applicant is the member of the organized crime syndicate and involved in various types of the crime. It is further alleged that the present applicant is involved in the offences under Ss. 302 and 307 of Indian Penal Code and he has committed the offences for the pecuniary gain.