Kiran Chandrakant Adole v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.324 OF 2019 Kiran Chandrakant Adole ] ... Applicant

Versus

The State of Maharashtra.

] ... Respondent Ms. Sneha G. Sanap for Applicant.

Mr. S.H. Yadav, APP for State.

CORAM :- SARANG V. KOTWAL, J.

DATE :- 06 JUNE, 2019 P. C. :- 1.

The applicant is seeking anticipatory bail in connection with C.R.No.I-98/2018 registered with Vadivarhe Police Station, Nashik u/sec. 143, 147, 148, 149, 326, 341, 506 of I.P.C. and u/sec. 135 of the Maharashtra Police Act.

2.

The FIR is lodged on 11/06/2018 by one Samadhan Shinde. According to him, he was working with Renfro Company at Vadivarhe on daily wages. He had some private dispute with the present applicant. On 10/06/2018 at about 10.30 p.m. when he was going

2 18 - ABA No.324-19.doc towards his company at about 10.45 p.m. 4 to 5 persons including present applicant intercepted him. All of them were having iron rods and the first informant was assaulted. Based on these allegations the FIR was lodged.

3.

Heard Ms. Sneha G. Sanap Ld. Counsel for Applicant and Mr.S.H. Yadav, Ld. APP for State.

4.

Though the offence is registered u/sec. 326 of I.P.C., I perused the medical certificate issued by the Civil Hospital, Nashik which show two injuries. Both of these injures have been specified as simple injuries. In view of this, the offence u/sec. 326 of I.P.C. is not made out and therefore the applicant is entitled for relief of anticipatory bail with conditions. Hence, the following order.

ORDER

1.

In the event of his arrest in connection with C.R. No.I-98/2018 registered with Vadivarhe Police Station, Nashik the Applicant be released on bail on his executing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

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The applicant shall attend Vadivarhe Police Station, Nashik every alternate day till filing of the charge-sheet. 3.

Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.)