Jasavantsing @ Vijay S/O. Komalsing Kevat v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.2351 OF 2017 Jasavantsing @ Vijay s/o Komalsing Kevat Age 29 years, Occu: Service, R/o Nadgaon Tq. Bodwad Dist. Jalgaon ... Applicant

VERSUS

The State of Maharashtra, Through the Investigatign Officer, Yawal Police Station, Yawal, Dist. Jalgaon ... Respondent Mr. Ravindra V. Gore, Advocate for the applicant Mr. P. N. Kutti, APP for the State.

CORAM

: K. L. WADANE, J.

DATE :

7th June, 2017 ORDER:

1.

Heard Mr. Gore, the learned counsel for the applicant and Mr. Kutti, the learned APP for the State. 2.

Present Criminal Application is filed under section 438 of the Code of Criminal Procedure for grant of anticipatory bail in connection with Crime No. 49/2017 registered with Yawal Police Station, Dist. Jalgaon for the offences punishable under sections 326, 504 read with section 34 of the Indian Penal Code, 1860.

3.

One Vinod Patil lodged a complaint to the Yawal 1/3

Police Station on 20.04.2017 alleging that at about 3.00 p.m, he alongwith one friend attended the marriage ceremony at village Nadgaon. At that time another accused Dnyaneshwar Mhaske and the present applicant came there on a motorcycle. They were unable to control the motorcycle. The complainant asked them to drive the motorcycle properly. The altercation resulted into assault on the informant. The co-accused Dnyaneshwar stabbed on the stomach of the complainant with knife.

4.

Considering the nature of allegation in the FIR, it appears that the actual allegation of assault are against the another accused who is already arrested by the Police and he is released on bail by the Judicial Magistrate, First Class.

5.

Role of the present applicant is that he was accompanied with another accused and no further allegations are levelled against the present applicant. In such circumstances, considering the nature of allegation against the applicant, he is entitled for anticipatory bail. Hence the application is allowed.

6.

In the event of arrest of the applicant in 2/3

connection with Crime No. 49/2017 registered with Yawal Police Station, Dist. Jalgaon, he shall be released on bail on his executing P.R. Bond of Rs. 10,000/- [Rs. Fifteen thousand only] with one solvent surety in the like amount.

7.

Applicant shall not tamper with the prosecution evidence in any manner and shall cooperate in the further investigation, if any.

8.

Criminal application disposed of.

(K. L. WADANE, J.) JPC 3/3