Babasaheb Annasaheb Kolpe v. The State Of Maharashtra

2024:BHC-AUG:10985 968-BA-849-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 849 OF 2024 1.

Babasaheb s/o. Annasaheb Kolpe, 2.

Rajendra Bhagat Kolpe, 3.

Nitin Dattu Halnor All R/o. Suregaon, Taluka Kopargaon, District Ahmednagar ..

Applicants

Versus

The State of Maharashtra ..

Respondent ...

Advocate for Applicants : Mr. Shailesh S. Chapalgaonkar APP for Respondent : Mr. D. J. Patil ...

CORAM : S. G. MEHARE, J.

DATE : 14-06-2024 PER COURT :- 1.

Heard the learned counsel for the applicants and the learned A.P.P. for the respondent/State.

2.

The applicants seek bail in C.R.No.0558 of 2023 registered with Kopargaon Rural Police Station, District Ahmednagar, for the offences punishable under Sections 307, 323, 504, 506, 329, 143, 147, 148, 149 of the Indian Penal Code.

3.

The parties were acquainted with each other. They had a dispute over water pipeline of the canal. It has been alleged that all the accused assaulted the injured with sticks and iron rods on his legs which caused fracture.

968-BA-849-24.odt 4.

Learned A.P.P. for the respondent submits that the investigation is in progress. It was a serious act. The victim avoided stabbing at the hands of applicant No.3 Nitin. Hence, this is not a fit case for bail.

5.

There are no complaints of assault on the vital part of the body. The so-called weapons were recovered from the applicants. The injured has been discharged from the hospital. It seems to be a dispute over the water pipeline. There are no antecedents to the discredit of the applicants. No purpose would be served by keeping the applicants behind bar. Hence, the order :-

ORDER

i) The application is allowed.

ii) Applicants No. (1) Babasaheb s/o. Annasaheb Kolpe,

(2) Rajendra Bhagat Kolpe and (3) Nitin Dattu Halnor be released on bail, on furnishing PB and SB of Rs.50,000/- each, with one solvent surety of the like amount, in the above crime for the aforesaid offences, on the conditions that, (a) They shall not tamper with the prosecution witnesses. (b) They shall attend the trial on each and every date. ( S. G. MEHARE ) JUDGE rrd