← Library
Bombay High CourtABA/387/2023disposed off

Kishan Baburao Kalburge v. The State Of Maharashtra

2023-04-05Hon'Ble Shri Justice R. G. Avachat2 pages

934-ABA-387-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 387 OF 2023 Kishan Baburao Kalburge ..APPLICANT

VERSUS

State of Maharashtra ..RESPONDENT ....

Mr. N.K. Tungar, Advocate for applicant Mr. N.T. Bhagat, A.P.P. for respondent - State ....

CORAM : R.G. AVACHAT, J.

DATE : 05th APRIL, 2023 PER COURT :

1.

Heard.

2.

It is alleged in the F.I.R. that the applicant entered the office of Central Railway, Udgir and manhandled the informant, wife of his real brother. He asked her to pay him Rs.1,000/- for purchase of booze. The informant has alleged the applicant to have manhandled her and even damaged the official register.

3.

It appears that there is civil dispute between the applicant on one hand and brother of the applicant on the other. From the nature of offence it appears that custodial interrogation of the applicant is not warranted. 1 / 2

934-ABA-387-23.odt Nothing is to be recovered from him. Although it is alleged that the applicant had given threats at knife point, since relation between the applicant and informant are strained, possibility of having given exaggerated version of the incident cannot be ruled out.

4.

In view of above, order dated 21st March, 2023 granting the applicant ad-interim anticipatory bail 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