Ramdhan Rupla Rathod And ANR v. The State Of Maharashtra

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 ANTICIPATORY BAIL APPLICATION NO.699 OF 2021 RAMDHAN RUPLA RATHOD AND ANR

VERSUS

THE STATE OF MAHARASHTRA Mr.U.L. Talegaonkar and Mr. N.U. Talegaonkar, Advocates for the applicants.

Mrs.D.S. Jape, APP for respondent/State.

CORAM : SANDEEP K. SHINDE, J.

DATED :

08.07.2021 PC :- 01.

Heard learned Counsel for the applicants and learned APP for the respondent/State.

02.

Apprehending arrest in connection with Crime No.63 of 2021 registered with Basamba Police Station, Dist. Hingoli for the offences punishable under sections 307, 326, 323, 504, 506, 34 of the Indian Penal Code, the applicants are seeking pre-arrest bail.

03.

According to the complainant on 9th May, 2021 accused Bharat Ramdhan Rathod assaulted him with a deadly weapon on his head and forehead; whereas, applicant No.1 - father and applicant No.2 - brother of Bharat Rathod abused him and inflicted injuries by stone on his back. The alleged incident had taken place on 9th May, 2021,

( 2 ) but reported on 11th May, 2021; where-after subject crime came to be registered.

04.

I have perused the injury certificate dated 9th May, 2021 to show that two simple injuries were found on the person of the complainant caused by hard and blunt object. These injuries were inflicted on frontal and occipital side of head. As per the FIR, these injuries were allegedly caused by Bharat Ramdhan Rathod. It is informed that Bharat Ramdhan Rathod has been granted bail. Insofar as applicants are concerned, no corresponding injuries were noted on the back of the complainant. Even otherwise there are no criminal antecedents against these two applicants.

05.

In consideration of these facts, in my view, custodial interrogation of the applicant shall not further the case of the prosecution. They are granted pre-arrest bail.

06.

In the event of arrest of the applicants, they shall be released on bail on executing bond in the sum of Rs.10,000/- (Rupees Ten Thousand) each with one or more sureties in like amount. The applicants shall join the investigation as when called and shall not influence the prosecution witnesses.

( 3 ) 07.

The application is allowed and disposed of.

[SANDEEP K. SHINDE,J.] snk/2021/JUL21/aba699.21