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Bombay High CourtABA/685/2023application allowed

Dnyaneshwar Ekanth Wakhure And Others v. The Superintendent Of Police, Ahmednagar And Another

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

ABA-685-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 685 OF 2023

1. Dnyaneshwar Eknath Wakhure

2. Babasaheb Ramkrushna Wakhure

3. Amol Balasaheb Wakhure

4. Ananta Babasaheb Wakhure

5. Dilip Maruti Wakhure

6. Sharad Dilip Wakhure ..APPLICANTS

VERSUS

The Superintendent of Police, Ahmednagar and Another ..RESPONDENTS ....

Mr. R.R. Karpe, Advocate for applicants Ms. R.P. Gour, A.P.P. for respondents Mr. D.R. Adhav, Advocate for assist to A.P.P. ....

CORAM : R.G. AVACHAT, J.

DATED : 04th MAY, 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. 402 of 2023 registered with Newasa Police Station, Dist. Ahmednagar for the offences punishable under Sections 307, 325, 324, 143, 147, 148, 149, 323, 504 and 506 of the Indian Penal Code ('

I.P.C.').

2.

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

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ABA-685-23.odt 3.

After having heard learned counsel for the applicants and learned A.P.P., case for grant of application is made out so far as regards Applicant No.2 - Babasaheb Ramkrushna Wakhure is concerned, since he is not alleged to have armed with any weapon. The Court expressed disinclination to grant relief to rest of the applicants. Learned counsel for the applicants, therefore, came around to withdraw the application of rest of the applicants. 4.

In view of above, following order :-

ORDER

(I) Application is partly allowed.

(II) In the event of arrest of Applicant No.2 - Babasaheb Ramkrushna Wakhure, in connection with Crime No. 402 of 2023 registered with Newasa Police Station, Dist. Ahmednagar for the offences punishable under Sections 307, 325, 324, 143, 147, 148, 149, 323, 504 and 506 of the Indian Penal Code, he be released on executing P.R. bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with surety in the like amount.

(III) He shall appear before the investigating officer, as and when required for the investigating purpose.

(IV) He shall not tamper with the prosecution evidence. (V) Application stands disposed of as withdrawn so far as regards other applicants are concerned.

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