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Bombay High CourtAPPLN/1847/2015disposed off

Shri. Rajendra S/O Manikrao Shingade v. The State Of Maharashtra

2015-04-20Hon'Ble Shri Justice V.M. Deshpande3 pages

1 Cr.Apln. 1847.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1847 OF 2015 Rajenra Manikrao Shingade .... APPLICANT V E R S U S The State of Maharashtra .... RESPONDENT .............................

Mr. R.G.Hange, Advocate for Applicant.

Mr. A.S.Shinde, A.P.P. for Resp.- State.

..............................

CORAM : V.M.DESHPANDE, J.

DATE : 20th APRIL, 2015 .............................

PER COURT :

1.

By the present application, applicant is seeking anticipatory bail since he is apprehending his arrested in connection with Crime No. 67/2015 registered with M.I.D.C. Waluj police station, Aurangabad for the offences punishable u/s 326,143,147,149,323,504,506 of the Indian Penal Code. 2.

Heard Mr. R.G.Hange, learned counsel for the applicant and Mr. A.S.Shinde, learned A.P.P. for respondent - State.

3.

F.I.R. is lodged on 19/03/2015. F.I.R. discloses that the incident in question has occurred on 12/03/2015. Thus, there is delay of good seven days in filing F.I.R.

2 Cr.Apln. 1847.2015 Further, from the F.I.R. it is clear that the first informant has attributed assault on her by co-accused Ganesh by means of fighter. Only general allegations are made against the present applicant. Injury certificate of the first informant confirms and corroborates the allegations made by her that she was assaulted by co-accused Ganesh on her left eye. Ganesh was arrested and he is released on regular bail by the Court below. Though there are allegations in the F.I.R. that the applicant and others have assaulted the husband of the first informant, however no injury certificate is filed on record in respect the husband of the first informant. Thus, the applicant has made out prima facie for anticipatory bail in his favour. 4.

Hence, I pass the following order :

(i) Present Criminal Application is hereby allowed.

(ii) In the event of arrest, in connection with Crime No. 67/2015 registered with M.I.D.C. Waluj police station, Aurangabad for the offences punishable u/s 326,143,147,149,323,504,506 of the Indian Penal Code, applicant Rajenra Manikrao Shingade be released on anticipatory bail on he executing P.R. Bond of Rs. 10,000/- [Rupees Ten Thousand] with one solvent surety of like amount.

(iii) Applicant shall attend M.I.D.C. Waluj police station, Aurangabad once a fortnight preferably

3 Cr.Apln. 1847.2015 on Sunday between 10.00 a.m. and 11.00 a.m. till the charge sheet is filed.

(iv) Present Criminal Application is disposed of.

[V.M.DESHPANDE, J.] KNP/Cr.Apln. 1847.2015