Suresh Bhika Chaudhari And Others v. The State Of Maharashtra And Another

33-ABA-411-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 411 OF 2023

1. Suresh Bhika Chaudhari

2. Yogesh Suresh Chaudhari

3. Nandlal Shantilal Chaudhari ..APPLICANTS

VERSUS

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

Mr. A.R. Syed, Advocate for applicants Mr. A.S. Shinde, A.P.P. for respondents ....

CORAM : R.G. AVACHAT, J.

DATE : 10th APRIL, 2023 PER COURT :

1.

This is an application under Section 438 of Code of Criminal Procedure. The applicants claim to have an apprehension of being arrested in connection with Crime No. 63 of 2023 registered with Akkalkuwa Police Station, Dist. Nandurbar for the offences punishable under Sections 323, 324, 395, 504 and 506 of the Indian Penal Code ('I.P.C.'). 2.

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

3.

Although learned A.P.P. has strong objection to allow the application, perusal of the F.I.R. make out a case for confirming the order of 1 / 2

33-ABA-411-23.odt interim protection. The applicants, co-accused and the informant are the relations inter se. Some documents in the nature of deed of settlement were arrived at between them.

4.

In the F.I.R. it has been alleged that female co-accused have robbed female victims of their gold ornaments such as mangalsutra, etc. They have been granted anticipatory bail. Case of the present applicants is on better footing since one of them is alleged to have robbed the informant of Rs.5,000/-. It is reiterated that veracity of the allegations in the F.I.R. appears to be seriously in doubt.

5.

In view of above, order dated 24th March, 2023 granting the applicants interim anticipatory bail is hereby made absolute. The applicants shall appear before the investigating officer, as and when required for the investigating purpose. The applicants shall not tamper with the prosecution evidence.

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