Mahesh Popat Lohkare v. The State Of Maharashtra And Another

2025:BHC-AUG:6328

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 ANTICIPATORY BAIL APPLICATION NO. 298 OF 2025 MAHESH POPAT LOHKARE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Narayan B. Narwade APP for Respondent/State: Mr. N. B. Patil ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 04.03.2025 P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant is apprehending arrest in connection with Crime No.0507/2024, dated 23.12.2024, registered at Sonai Police Station, Taluka Newasa, District Ahmednagar, for the offences punishable under Sections 115(2), 118(1), 119(1), 352, 351(2), 351(3) of the B.N.S. 2023.

3] The case as noted in the FIR is that the applicant along with others had assaulted the informant and his mother and others. It is stated that the applicant had used wooden stick to assault the informant and his mother.

4] The learned counsel for the applicant submits that the other co-accused has been granted anticipatory bail after having noticed that the said persons were found at the different place in the CCTV footage. The learned counsel submits that there is fight between ladies of two groups and that the FIR is registered by one of the ladies against the informant. There is an other dispute pending between the parties and that there is an exaggeration made by the informant in the present case.

5] The learned APP submits that the injury certificate of both the informant and his mother i.e. Devidas and Bhagirathi.

6] Considering the fact that there has been exaggeration as far as the other accused is concerned and also considering that cross-FIRs are registered, wherein it appears to be a fight between the two groups. Considering this aspect possibility of exaggeration qua the present applicant cannot be ruled out. In view of the same, this case can be considered for grant of anticipatory bail. 7] In view of the above, the application is allowed in the following terms :

i] In the event the applicant is arrested in connection with Crime No.0507/2024, dated

23.12.2024, registered at Sonai Police Station, Taluka Newasa, District Ahmednagar, for the offences punishable under Sections 115(2), 118(1), 119(1), 352, 351(2), 351(3) of the B.N.S. 2023, he shall be released on bail on furnishing PR bond of Rs.15,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

ii] The applicant shall attend the police station on 07.03.2025, between 10:30 a.m. to 01:30 p.m.

iii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

iv] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

8] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

9] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

10] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE marathe