Vinod Keshav Jadhav And Another v. The State Of Maharashtra And Another

2024:BHC-AUG:15342 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 74 ANTICIPATORY BAIL APPLICATION NO. 891 OF 2024 1.

Vinod Keshav Jadhav 2.

Nakul Keshav Jadhav ...Applicants

Versus

1.

The State of Maharashtra Through the Superintendent of Police, Chhatrapati Sambhajinagar 2.

The State of Maharashtra Through Chikalthana police station

...Respondents

...

Advocate for Applicant : Mr. Jadhav Mangesh R APP for Respondents: Mr. C.V. Bhadane ...

WITH ANTICIPATORY BAIL APPLICATION NO. 885 OF 2024 1.

Vishvajit Dilip Jadhav 2.

Pandu Bhavlal @ Pradip Bhausaheb Jadhav 3.

Pannalal Jadhav @ Pravin Shankar Rathod 4.

Prakash @ Amit Dilip Jadhav 5.

Golu @ Rushikesh Sanjay Jadhav 6.

Savan Pandu @ Pradip Jadhav 7.

Sanjay Ravsaheb Jadhav 8.

Sangita Sanjay Jadhav 9.

Sonu Lakhan @ Sonali Sumit Jadhav ...Applicants

Versus

The State of Maharashtra

...Respondent

...

Advocate for Applicant : Mr. Dhawal S. Agrawal h/f Mr. Abhaysinh K. Bhosle APP for Respondents: Mr. C.V. Bhadane .....

CORAM : SHIVKUMAR DIGE, J.

DATED : 22nd JULY, 2024.

-2PER COURT :- 1.

The applicants apprehend arrest in connection with crime No. 239 of 2024 registered with Chikalthana Police Station, district Aurangabad (Chhatrapati Sambhajinagar) for the offences punishable under sections 326, 324, 323, 143, 147, 148, 149, 452, 427, 504, 506 of the Indian Penal Code and Section 135 of Maharashtra Police Act.

2.

It is the prosecution's case that on 9.5.2024 at about 3.00 p.m. the applicants alongwith co-accused forcibly entered into the house of the informant and assaulted the informant, his son and wife. It is alleged that the applicants assaulted the informant, his wife and son by fist and kick blows. The co-accused Deelip Jadhav and Lakhan Jadhav assaulted the informant by rod and sticks. Due to the said assault, the informant sustained grievous injuries. 3.

It is the contention of the learned counsel for the applicants that the applicants have been falsely implicated in this crime. The main allegations are against the co-accused Deelip Jadhav and Lakhan Jadhav, who assaulted the informant by rod and sticks. The allegations against the applicants are that they assaulted the informant with fist and kick blows. Considering the allegations against

-3the applicants, their custodial interrogation is not required. Hence requested to allow the applications.

4.

It is the contention of the learned APP that the applicants and co-accused barged in the house of the informant and assaulted the informant, his son and wife. Considering the allegations against the applicants, their custodial interrogation is required and requested to reject the applications.

5.

I have heard both the learned counsel. Perused the F.I.R. and the police papers produced on record. The allegations against the applicants are that they assaulted the informant, his son and wife with fist and kick blows and damaged his vehicle. The main allegations are against the co-accused Deelip Jadhav and Lakhan Jadhav, who assaulted the informant with rod and sticks. Due to the said assault, the informant had suffered grievous injuries. Considering the allegations against the applicants, their custodial interrogation is not required. Hence I pass the following order :-

O R D E R

(i) The applications are allowed.

-4- (ii) The interim anticipatory bail granted to the applicants in both these applications, vide order dated 29.05.2024 and 30.05.2024, stand confirmed on the same terms and conditions with following modification :- (a) the applicants shall attend the concerned police station as and when required by the Investigating Officer.

(b) the applicants shall not enter in the field of the informant till filing of the charge sheet.

(SHIVKUMAR DIGE, J.) rlj/