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Bombay High CourtABA/303/2025dismissed

Akash Alias Chithya Raju Kurware v. The State Of Maharashtra

2025-03-05Hon'Ble Shri Justice Arun R. Pedneker2 pages

2025:BHC-AUG:6499 303.25ABA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 927 ANTICIPATORY BAIL APPLN. NO. 303 OF 2025 AKASH ALIAS CHITHYA RAJU KURWARE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr.V.S.Wakale h/f.

Mr.N.G.Ghongade APP for Respondent-State : Mr.B.B.Bhise ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 05.03.2025 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. 0586/2024, registered with Mondha Police Station, Parbhani, Taluka and District Parbhani, for the offence punishable under Section 109, 351 (3), 115 (2), 3 (5) of B.N.S.

3] The allegation against the applicant is that on 08.12.2024, the applicant along with co-accused has assaulted the informant. The applicant has assaulted the informant by sickle [sugarcane cutting knife]. On the basis of the said allegation, the FIR is lodged.

303.25ABA 4] The learned counsel for the applicant submits that two co-accused have been released on regular bail and one co-accused has been released on anticipatory bail. Considering the role of the applicant in the alleged crime and considering the injuries caused to the informant are simple in nature, the applicant may be released on anticitory bail.

5] The learned APP submits that there are four antecedents against the applicants, which relates to bodily injury.

6] Considering that there are antecedents against the present applicants and the name of the applicant is reflected in the FIR. Prima facie there is involvement of the applicant in the alleged crime. This is not a case to grant anticipatory bail in favour of the applicant. Hence, the present application is dismissed.

7] 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 not be influenced by the observations of this Court while deciding regular bail or at trial.

[ARUN R. PEDNEKER] JUDGE DDC