Rohidas Dnyandev Machale And ORS v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 800 OF 2024 YUGANDHARA SHARAD PATIL Rohidas Dnyandev Machale and Ors.

.... Applicants YUGANDHARA SHARAD PATIL Date: 2024.04.01 11:35:32 +0530

Versus

The State of Maharashtra .... Respondent ______ Mr. Pranav H. Bhoite, for the applicants.

Ms. Mahalakshmi Ganapathy , APP for the State/Respondent. ______ CORAM :SARANG V. KOTWAL, J.

DATE : 22nd MARCH, 2024 P.C. :

1.

The Applicants are seeking anticipatory bail in connection with C.R. No. 161/2024, registered at Daund Police Station, Pune, on 01/03/2024, under sections 323, 324, 327, 504, 506 r/w 34 of the Indian Penal Code.

2.

Heard Mr.Bhoite, learned counsel for the Applicant and Ms.Ganapathy, learned APP for the Respondent-State. 3.

The FIR is lodged by one Amol Machale. The

Applicants Dynandev and Kamal are his uncle and aunt. The other accused are his relatives. The incident is dated 29/02/2024. It is alleged that because of their previous enmity, all the Applicants came towards the informant with iron rods and sticks and assaulted the informant. It is alleged that Applicant Gauri removed gold chain from one Rani. On this basis, the FIR is lodged.

4.

Learned counsel for the Applicant submitted that the story in the FIR is not true. The Applicant Gauri has lodged her own FIR vide C.R. No. 157 of 2024 at the same Police Station against the informant's group under section 323, 324, 325, 504, 506 r/w 34 of the Indian Penal Code. This FIR is lodged first in point of time and as a counter blast the FIR is lodged against the present Applicant.

5.

Learned APP opposed these submissions and produced the investigation papers.

6.

I have considered these submissions. The investigation papers included injury certificate of the injured Amol. The injured Gauri has suffered simple injury including a bite mark. The injured Amol had suffered 3 injuries in the nature of contusion and abrasions. They are described as simple injuries. There are allegations of taking away a gold chain by the Applicant Gauri. However, no further details are given. The statements of eye witnesses are similar in nature to that of the FIR. These eye witnesses are Rani, Sharad and Prashant etc. From the allegations, it is clear that there are allegations and counter allegations. No serious injuries are caused to the informant's group. The allegations about snatching of the chain are vague in nature. 7.

Considering all these aspects, custodial interrogation of the Applicants is not necessary. Both the parties are relatives of each other. Hence the following order.

ORDER

(i) In the event of their arrest in connection with C.R. No. 161/2024, registered at Daund Police Station, Pune, the Applicants are directed to be

released on bail on their executing P.R. bonds in the sum of Rs.30,000/- each (Rupees Thirty Thousand Only) each with one or two sureties each in the like amount.

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

(iii) The Application stands disposed of accordingly. (SARANG V. KOTWAL, J.)