Venkatesh Parshuram Dhangar And ANR v. State Of Maharashtra

by VIDYA SURESH AMIN Date:

2022.10.06 10:37:41 +0530 VIDYA SURESH AMIN Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2652 of 2022 Venkatesh Parshuram Dhangar & Anr.

.. Applicants Vs.

State of Maharashtra .. Respondent Mr. Ammar Nizami with Mr. Abdul Wahab i/b. Mr. Umar Kazi for the applicants.

Shri. S. V. Gavand, APP for the State.

WAPI Ms. R. C. Ghanvat, Ambernath Police Station present. CORAM : BHARATI DANGRE, J.

DATE : OCTOBER 04, 2022.

P.C.:

1.

Heard learned counsel for the applicants and learned APP. 2.

The prosecution case is that the investigating machinery was set into motion on a complaint filed by Mr. Sanjay Yadav, who referred to an incident dated 28th March, 2022 and alleged that in the evening hours, young child belonging to Sidhram Dhangar family was answering natures call in the lane adjoining to their house. When the complainant' s brother informed the same to Sidhram, this gave rise to an altercation between them. When the complainant tried to intervene, Sidhram abused him. It is alleged that Sidhram's brother Venkatesh (applicant no. 1) and his mother (applicant no. 2) arrived on the spot. Venkatesh is alleged to have assaulted the complainant with kick and fist blows. Sidhram is alleged to have assaulted the informant by wooden log on his

right elbow and shoulder and even the brother of the complainant was also assaulted.

3.

Learned APP has produced on record the injury certificate of the complainant which refers to multiple blunt injuries and left third rib fracture, which is described as grievous injuries. In any case, this injury is attributed to Sidhram and not to the two applicants. Sidhram is already released on bail by the Additional Sessions Judge, Kalyan on 14th July, 2022 by recording that the investigation is complete. 4.

In the wake of the above, the applicants deserves protection to arrest. Hence, the following order:

O R D E R

(a) In the event of arrest, the applicants in connection with C.R. No. I-170 of 2022 registered with Ambernath Police Station shall be released on bail on furnishing P.R. bond to the extent of Rs.25,000/- each with one or two sureties of the like amount.

(b) The applicants shall report to the concerned police station on 13th and 14th October, 2022 between 3.00 p.m to 5.00 p.m and thereafter as and when directed. (c) 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 any Police Officer and should not tamper with evidence.

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