Devidas Ramdas Thule And ANR v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1753 OF 2022 (modified as per order dated 22/7/2022) Devidas Ramdas Thule & Ors ..

Applicants

Versus

The State of Maharashtra ..

Respondent ...

Mr. Nitesh Bhutekar with Sachin Patil for the applicants. Smt.Veera Shinde, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 30th JUNE, 2022 P.C:- The applicants are accused of offence punishable u/s.379 of the IPC and on the complaint of one Ulhas Mangal Jadhav, C.R.No. 202/2022 came to be registered with Wada police station on 26/5/2022.

The complainant alleged that on a particular day i.e. 18/05/2022, when he was on a round in his agricultural field bearing Gut No.29/1, he noticed that some portion of the wire compound has been removed and it is replaced by a thorny gate. At that time, he was informed by Sudhakar that the present applicants are responsible for this. It is therefore, alleged that the wire fencing worth Rs.6,500/- has been stolen. In the wake of the

2/3 910 ABA 1752-22 modified.doc accusations, I do not think that any custodial interrogation of the applicants is desired, and particularly, in the background of the fact that the applicants and certain other residents of village had approached the Tahsildar, alleging that the complainant and certain other persons were erecting a protection wall illegally. Further, even the person who is alleged to have informed the complainant that the applicants have stolen the fencing, Sudhakar has addressed a communication to the Sr.P.I, denying any such information supplied by him to the complainant. Hence, the following order :-

O R D E R

(a) In the event of their arrest, the Applicant no.1. Devidas Thule, applicant no.2 - Ananta Gaikwad, applicant no.3 - Gautam Thule, applicant no.4 - Ritesh Gaikwad, applicant no.5 - Jagan Thule and applicant no.6 Rajendra Jadhav in connection of C.R.No.202/2022 registered with Wada police station shall be released on bail on furnishing P.R. bond to the extent of Rs.25,000/- with one or two sureties of the like amount.

(b) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or

3/3 910 ABA 1752-22 modified.doc any Police Officer and should not tamper with evidence.

(c) The Applicants shall make themselves available for interrogation as and when required by the Investigating Officer.

The Application is allowed in the aforestated terms. ( SMT. BHARATI DANGRE, J.)