Shrikant Alias Bhausaheb Bhimrao Hulage v. State Of Maharashtra

Nikita 1 / 3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.145 OF 2024 Shrikant Alias Bhausaheb Bhimrao Hulage .. Applicant NIKITA KAILAS DARADE NIKITA KAILAS DARADE Date: 2024.01.20 11:01:41 +0630 versus The State of Maharashtra .... Respondent Mr. Umesh H. Pawar, for the Applicant.

Ms. Pallavi N. Dabholkar, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL, J.

DATE : 18th JANUARY 2024 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R. No.995 of 2023 registered with Kondhawa Police Station, Pune City, on 30th September 2023 under Sections 326, 323, 504 read with 34 of IPC.

2.

Heard Mr. Umesh Pawar, learned counsel for the Applicant and Ms. Pallavi N. Dabholkar, APP for the State. 3.

The FIR is lodged by one Rohit Bichakule. He has stated that on 28th September 2023 at about 1.00 A.M. in the midnight when he was returning back after watching a procession,

2 / 3 inadvertently he pushed somebody and therefore there was a fight. It is alleged that the accused Bala Kavade picked a stone and gave a blow on the informant's head. The present Applicant assaulted him with kicks on his face, back and chest. On these allegations the FIR is lodged.

4.

Learned counsel for the Applicant submitted that the informant has not suffered any serious or grievous injury. The main accused Bala Kavade is granted relief by the Sessions Court at Pune. At that time, the first Informant had appeared through his counsel and had stated that the FIR was filed because of misunderstanding as there was heavy rush at the spot of the incident. Learned counsel relied on the order dated 19th October 2023 granting anticipatory bail to Bala Kavade. 5.

Learned APP produced the medical certificate before the Court. The medical certificate shows one CLWs over the left parietal region of the sides. 3.5X0.5cm, one grazed abrasion on the face and contusion on the shoulder. The nature of injuries was described as simple.

6.

I have considered these submissions. The medical certificate

3 / 3 shows that the injury was simple. In any case, the main injury was attributed to Bala Kavade, who is granted anticipatory bail. The informant had supported Bala Kavade's case at the stage of hearing of the Anticipatory Bail Application. The Applicant's role is much lesser. Therefore, on the grounds of parity, the Applicant deserves the same protection. His custodial interrogation is not necessary.

7. Hence, the following order :

O R D E R

(i) In the event of his arrest in connection with C.R.No. 995 of 2023 registered at Kondhawa Police Station, Pune City the Applicant is directed to be released on bail on his executing PR bond in the sum of Rs.30,000/- (Rs.Thirty Thousand Only) with one or two sureties in the like amount.

(ii) The Applicant shall co-operate with the investigation.

(iii) The Anticipatory Bail Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.)