Shankar Dinkar Kendre v. The State Of Maharashtra

16-ABA-201-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 201 OF 2023 Shankar Dinkar Kendre ..APPLICANT

VERSUS

State of Maharashtra ..RESPONDENT ....

Ms. Archana Jadhavar, Advocate h/f Mr. S.S.Jadhavar, Advocate for applicant Mr. A.S. Shinde, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT, J.

DATED : 27th MARCH, 2023 PER COURT :

1.

This is an application under Section 438 of Code of Criminal Procedure. The applicant claims to have an apprehension of being arrested in connection with Crime No. 49 of 2022 registered with Jalkot Police Station, Dist. Latur for the offences punishable under Sections 326, 324, 323, 427, 143, 147, 148, 149, 504 and 506 of the Indian Penal Code ('I.P.C.') and under Section 135 of Maharashtra Police Act.

2.

Heard. Perused First Information Report ('F.I.R.') and related police papers.

3.

F.I.R. has been lodged by one Inderbai Kendre on 22nd March, 2023 alleging the applicant and the co-accused to have assaulted her with the 1 / 2

16-ABA-201-23.odt sticks and katti. The applicant is alleged to have assaulted one Madhav and not the informant on his back with a stick. Madhav's injury certificate is on record to suggest that he did not suffer injury to his back. Even if the allegations are taken to be true, it would at the most be an offence punishable under Sections 323 or 324 of the I.P.C. by the applicant herein. 4.

Considering the allegations in the F.I.R., order dated 13th March, 2023, granting ad-interim anticipatory bail to the applicant is hereby made absolute. The applicant shall appear before the investigating officer, as and when required for the investigating purpose. The applicant shall not tamper with the prosecution evidence.

( R.G. AVACHAT, J. ) SSD 2 / 2