Pradeep S/O. Suresh Rathod v. The State Of Maharashtra

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2465 OF 2016 Pradeep s/o Suresh Rathod, Age: 22 years, Occ: Student, R/o. Limba Tanda, Tq. Pathri, Dist. Parbhani.

..APPLICANT

VERSUS

The State of Maharashtra through Police Inspector, Pathri Police Station, Dist. Parbhani.

..RESPONDENT Mr. Mujahedul Haque Hafeezul H., Advocate for applicant; Mr. S.D. Ghayal, Addl. Public Prosecutor for respondent CORAM : N.W. SAMBRE, J.

DATE : 21st JUNE, 2016 ORDER :

The applicant is seeking pre-arrest bail in Crime No. 78 of 2016 registered with Pathri Police Station, District Parbhani for an offences punishable under Sections 307, 147, 148, 149, 323, 324, 326, 327, 354, 504, 506 of the Indian Penal Code and under Section 135 of the Bombay Police Act, for the alleged incident on 24/03/2016. 2.

The prosecution case is that the applicant, committed an offence punishable under Section 354 of the Indian Penal Code and when resisted, he assaulted the complainant with bottle of liquor on her head. 3.

It is not in dispute that another offence vide Crime No. 79 of

(2) 2016 is registered for an offence punishable under Sections 143, 147, 148, 149, 323, 324, 327, 506 of the Indian Penal Code and under Section 135 of the Bombay Police Act for the same incident, to which the complainant's close relatives including father are impleaded as accused. 4.

It appears that there is counter complaint and false implication of the applicant in the crime in question, in the above referred back ground, particularly when there were political differences, cannot be ruled out.

5.

My attention is invited to the fact that other accused persons are already released on pre-arrest bail.

6.

In view of above, in my opinion, it will be appropriate to grant protection to the applicant. Hence, the following order:- (i) In the event of arrest of the applicant, in connection with Crime No. 78 of 2016 registered with Pathri Police Station, District Parbhani for an offence punishable under Sections 307, 147, 148, 149, 323, 324, 326, 327, 354, 504, 506 of the Indian Penal Code and under Section 135 of the Bombay Police Act, he be released on bail, on furnishing P.R. Bond of Rs.15,000/- with one surety in the like amount.

(3) (ii) The applicant shall attend the concerned police station on 25th and 26th June, 2016 between 10-00 a.m. to 12-00 noon and thereafter as and when called by the Investigating Officer. 7.

Criminal Application stands allowed in above terms. (N.W. SAMBRE, J.) Tupe/