← Library
Bombay High CourtABA/286/2023application allowed

Bhagwansing Laxmansing Rajput And Others v. The State Of Maharashtra And Another

2023-03-17Hon'Ble Shri Justice R. G. Avachat3 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 918 ANTICIPATORY BAIL APPLICATION NO.286 OF 2023 1.

Bhagwansing Laxmansing Rajput, 2.

Gopal Arunsing Rajput, 3.

Karansing @Kiran Bharatsing Rajput, ...Applicants

VERSUS

1.

The State of Maharashtra, 2.

The Superintendent of Police, Jalna.

...Responents ...

Advocate for Applicants : Mr.Devakate Anant Ramahari APP for Respondents-State : Mr.N.T.Bhagat ...

CORAM : R. G. AVACHAT, J.

DATE : 17.03.2023.

PER COURT :

1.

Heard.

2.

The First Information Report ("F.I.R.") has been lodged by the victim himself on the next day i.e. on 13.01.2023. It has been alleged in the FIR that on 12.01.2023, at 3.15 p.m., the informant has been to his field to plug fuse. At that time, the applicant and the co-accused Govind were armed with Iron Rod. They assaulted the informant on his head. Govind is not before the Court. The applicant

Karansing allegedly caught hold the informant while two other coapplicants assaulted the informant with stick and stones. The injury certificate of the informant is referred by the learned APP to submit that the assault was made in furtherance of their common intention to attempt to commit murder of the victim/informant. Since coaccused No. 2 Govind has been attributed with grievous injury to the informant but he is not before the Court. The applicants have allegedly caused informant injuries, which were simple in nature. Considering their role in the alleged offence, the Court is inclined to grant them protection.

3.

Needless to mention that the trial Court shall not be influenced by the observations made in this order while dealing with the application for anticipatory bail moved by the accused No. 2 Govind. Hence, the protection is granted to the applicants in terms of the following order :

ORDER

(i) The application is allowed.

(ii) In the event of arrest of the applicants, in connection with Crime No. 29 of 2023 registered with Ambad Police Station, Tq. Ambad Dist. Jalna for the offences punishable under Sections, 307, 326, 324, 323, 504, 506 read with Section 34 of the IPC the applicants be released on their executing P.R. bond in

the sum of Rs.15,000/- (Rupees Fifteen Thousand) each with one surety each in the like amount.

(iii) The applicants shall appear before the investigating officer, as and when required for the investigating purpose. (iv) The applicants shall not tamper with the prosecution evidence.

( R. G. AVACHAT ) JUDGE mahajansb/