Anand S/O Subhashrao Ukhalkar And Others v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2638 OF 2015 1.

Anand Subhashrao Ukhalkar 2.

Subhash Rangnathrao Ukhalkar 3.

Rahul Rajendra Beedkar 4.

Anand @ Anil lala Jadhav 5.

Nilesh Kisankumar Choudhary 6.

Bhagwan Gokul More ...Applicants versus The State of Maharashtra and another

...Respondents

.....

Mr. Vishnu B. Madan, Advocate for the applicants Mr. N.B. Patil, APP for the respondents .....

WITH CRIMINAL APPLICATION NO. 2649 OF 2015 1.

Rajesh Bhanulal Wadher 2.

Swapnil Ghanshyam Takwale ...Applicants versus The State of Maharashtra

...Respondent

.....

Mr. S.S. Panale, Advocate for the applicants Mr. N.B. Patil, APP for the respondent .....

CORAM : V. K. JADHAV, J.

(VACATION COURT) DATED: 22nd MAY, 2015 P.C. :- 1.

Heard learned counsel for the applicants in both the

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2.

On the basis of complaint lodged by Sunita Deelip Dayma crime No. 89 of 2015 came to be registered with Jawaharnagar police station, Aurangabad for the offences punishable under Sections 307, 143, 147, 148, 149, 452, 504, 506 of I.P.C. It appears that from ward where the complainant resides a candidate of Shiv Sena party viz. Rajendra Janjal came to be elected as Corporator and co-accused Vinod Vitthal Sonwane has lost the said election. It is alleged that on 23.4.2015 at about 4.00 p.m. Vinod Sonwane alongwith 10 to 15 persons entered in the house of the complainant and started inquiring whereabout of Ganesh Dayma. The complainant was frightened and she tried to enter in the kitchen room of her house. It is alleged that co-accused Vinod Sonwane gave a blow of sword on her head but she bent down and the blow of the sword hit on the wall.

She had raised shouts and accordingly neighbours came there and she was rescued. On the basis of these allegations, the aforesaid crime came to be registered. The applicants thus apprehend their arrest at the hands of police and preferred this application for pre-arrest bail. Their application for similar prayer was rejected by the learned Additional Sessions Judge, Aurangabad by order dated 8.5.2015.

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The learned counsel for the applicants pointed out that the main accused Vinod Sonwane came to be released on bail after his arrest by the police. The other five accused persons also came to be released on bail by the learned Sessions Judge, Aurangabad. So far as the present applicants are concerned, there are general allegations against them in the complaint. Even the complainant Sunita has not sustained any injury in the so called assault. 4.

The learned A.P.P. has pointed out that the antecedent of applicant Nos. 3 and 4 are not clear and there are other crimes registered against them. However, I am inclined to grant pre-arrest bail to all the applicants. So far as the applicant Nos. 3 and 4 in criminal application No. 2638 of 2015 are concerned, they can be directed to attend the concerned police station until completion of investigation. Hence, the following order:-

O R D E R

I) The applications are allowed.

II) In the event of arrest of applicants viz. 1. Anand Subhashrao Ukhalkar, 2. Subhash Rangnathrao Ukhalkar, 3. Rahul

-4Rajendra Beedkar, 4. Anand @ Anil Lala Jadhav, 5. Nilesh Kisankumar Choudhary and 6. Bhagwan Gokul More, in criminal application No. 2638 of 2015, and applicants 1) Rajesh Bhanulal Wadher and 2) Swapnil Ghanshyam Takwale, in criminal application No. 2649 of 2015, in crime No. I-89 of 2015 registered with Jawaharnagar police Station, Aurangabad, they be released on bail on their furnishing personal bond of Rs.15000/- (Rupees Fifteen thousand only) each with one surety of like amount by each of them, on following conditions.

A) The applicants shall not tamper with the prosecution evidence in any manner and shall make themselves available as and when required by the Investigating officer for carrying further investigation.

B) The applicant Nos. 3. Rahul Rajendra Beedkar and applicant No.4 Anand @ Anil Lala Jadhav, in criminal application No. 2638 of 2015 are concerned, they shall attend the concerned police station once in a week i.e. on every Sunday between 9.00 to 11.00 a.m. till filing of charge sheet.

III) Both the applications are disposed of.

5.

Parties to act on authenticated copy of this order. ( V. K. JADHAV, J.) (VACATION COURT) rlj/

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