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Bombay High CourtABA/230/2023application allowed

Shivaji Barikrao Tekade v. The State Of Maharashtra And Another

2023-03-08Hon'Ble Shri Justice R. G. Avachat2 pages

934-ABA-230-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 230 OF 2023 Shivaji Barikrao Tekade ..APPLICANT

VERSUS

State of Maharashtra and Another ..RESPONDENTS ....

Ms. P.C. Kale, Advocate h/f Mr. V.S. Kadam, Advocate for applicant Mr. N.T. Bhagat, A.P.P. for respondents ....

CORAM : R.G. AVACHAT, J.

DATE : 08th 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. 10 of 2023 registered with Neknoor Police Station, Dist. Beed for the offences punishable under Sections 323, 324, 327, 504 and 506 read with Section 34 of the Indian Penal Code. 2.

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

3.

All the accused and even one against whom allegation of offence punishable under Section 327 I.P.C. has been attributed, have been 1 / 2

934-ABA-230-23.odt granted anticipatory bail. The applicant appears to have played a lesser role in the alleged offence.

4.

In view of these facts, the applicant needs to be granted anticipatory bail. Hence the following order :-

ORDER

(I) Application is allowed.

(II) In the event of arrest of the applicant, in connection with Crime No. 10 of 2023 registered with Neknoor Police Station, Dist. Beed for the offences punishable under Sections 323, 324, 327, 504 and 506 read with Section 34 of the Indian Penal Code, the applicant be released on executing P.R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with surety in the like amount.

(III) The applicant shall appear before the investigating officer, as and when required for the investigating purpose. (IV) The applicant shall not tamper with the prosecution evidence.

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