Santosh Baban Gaikwad v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2057 OF 2022 Santosh Baban Gaikwad .... Applicant v/s.

The State of Maharashtra .... Respondent WITH ANTICIPATORY BAIL APPLICATION NO.2058 OF 2022 Gopal Dattu Gaikwad .... Applicant v/s.

The State of Maharashtra .... Respondent Mr. Ranjeet Pawar for the Applicants in ABA/2031/2022. Mr. Pranav H. Bhoite for the Applicants in ABA/2058/2022 and ABA/2057/2022.

Ms. G.P. Mulekar, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 24th AUGUST, 2022.

P. C. :- .

These are the Applications under section 438 of Cr.P.C. for prearrest bail in C.R.No.285/2022 registered with Daund Police Station, Dist. Pune for offences punishable under sections 143, 147, 148, 307, 323, 324, 504, 506 r/w. 149 of the Indian Penal Code and sections 4, 25 of Indian Arms Act.

2.

Heard learned counsel for the Applicant and learned APP for the 1/4

State. I have perused the records and considered the submissions advanced by the learned counsel for the respective parties. 3.

The aforesaid crime was registered pursuant to the First Information Report (FIR) lodged by Arun Gaikwad. A perusal of the FIR reveals that there was dispute between the complainant and the Applicants and his family members over water canal. The FIR reveals that on 03/06/2022, while the complainant and Sayaji were repairing pipeline in their paddy field, the Applicants along with other family members reached the spot and abused them. It is stated that the Applicant Mahesh and Arun assaulted the complainant and Sayaji with satur and koyta (sharp weapons). It is also stated that the other applicants assaulted them by kicks and blows. 4.

The records indicate that there was fight between the members of both the groups. The records reveal that Balu had sustained grievous head injury. The said injury was caused by Sayaji and the Complainant had suffered fracture of maxilla. The said injury was allegedly inflicted by co-accused - Sachin. The records indicate that these Applicants were not involved in inflicting injury on Balu and Arun. Considering the above facts and circumstances, these Applicants are entitled for pre2/4

arrest bail. Hence, the Applications are allowed on the following terms and conditions :- (a) In the event of arrest of the Applicants in C.R.No.285/2022 registered with Daund Police Station, Dist. Pune, they shall be released on bail, on furnishing P.R. bonds in the sum of Rs.20,000/- each with one or more sureties in the like amount ;

(b) The Applicants shall report to the Investigating Officer for four days from 29/08/2022 from 10:00 a.m. to 01:00 p.m. (c) The Applicants shall not interfere with the complainant and the other prosecution witnesses and shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

(d) The Applicants shall keep the Investigating Officer informed of their current address and mobile contact numbers, and/or change of residence or mobile details, if any, from time to time.

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5.

Applications stand disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) PREETI H JAYANI PREETI H JAYANI Date: 2022.08.30 15:15:14 +0530 4/4