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Bombay High CourtABA/583/2021application allowed

Mangesh Pandurang Ajabe And ANR v. The State Of Maharashtra

2021-06-22Hon'Ble Shri Justice Mangesh S. Patil2 pages

950.ABA.583.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.583 OF 2021 1] MANGESH PANDURANG AJABE 2] BANDU @ SHARAD YUVRAJ MULE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Andhale Sandip R. APP for Respondent/State: Mr. V.S. Badakh ...

CORAM

: MANGESH S. PATIL, J.

DATE : 22.06.2021 PER COURT :

The applicants are seeking bail in the event of their arrest in connection with Crime No.225/2021 registered with Jamkhed Police Station District Ahmednagar for the offence punishable under Sections 327, 341, 506, 143, 147, 148, 149 of the Indian Penal Code. 2.

Heard the learned advocate for the applicants and the learned APP and perused the papers of the investigation. 3.

After this Court expressed its disinclination to grant anticipatory bail on merits to the applicant No.2, his learned advocate, on instructions, seeks leave to withdraw the application to his extent. 4.

The allegations are to the effect that on account of some previous animosity, when the informant had gone for fetching medicines the applicants and the minor son of the applicant No.1 who were carrying the iron rods accosted him and the applicant No.2 is stated to have given a blow of iron rod on his head. It is then alleged that the applicant No.1 having snatched a gold chain from around his neck and the applicant No.2 having 1/2

950.ABA.583.21.odt robbed him of an amount of Rs.10,000/- from his pocket. 5.

It is a matter of record that the informant did sustain injury to the head attributable to the applicant No.2.

6.

The applicant No.1 is stated to have snatched a gold chain from around the neck of the informant. Conspicuously, in a counter FIR lodged by the applicant No.1 similar allegations have been levelled by him against the informant.

7.

Though there are allegations about the applicant No.1 having snatched a gold ornament, but it is a matter arising out of counter cases wherein exactly similar allegations are being levelled regarding snatching of the gold ornaments against each other. In my considered view there is a serious doubt as to the veracity of such allegations. 8.

The application is allowed. In the event of arrest of the applicant No.1 in connection with Crime No.225/2021 registered with Jamkhed Police Station District Ahmednagar for the offence punishable under Sections 327, 341, 506, 143, 147, 148, 149 of the Indian Penal Code, he shall be released on bail on his executing personal recognizance for an amount of Rs.15,000/- (Rs. Fifteen thousand only) and furnishing a solvent surety in the like amount subject to following conditions: a) He shall attend the concerned Police Station as and when called by the Investigating Officer and shall cooperate him. b) He shall not tamper the evidence or influence the witnesses. (MANGESH S. PATIL, J.) habeeb 2/2