Ravindra @ Vishwanath Pitambar Patil v. The State Of Maharashtra

2024:BHC-AUG:15459 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 901 ANTICIPATORY BAIL APPLICATION NO. 911 OF 2024 RAVINDRA @ VISHWANATH PITAMBAR PATIL ....Applicant

VERSUS

THE STATE OF MAHARASHTRA .....Respondent Mr. A. D. Patil, Advocate for the applicant Mr. A. M. Phule, AGP for the respondents/State CORAM :

KISHORE C. SANT, J.

DATE :

24th JULY, 2024 P. C.

1.

Heard the parties for sometime.

2.

This application is for release on bail of the applicant in the event of his arrest in connection with FIR No. 0240/2024 dated 13-05-2024 registered with Amalnar Police Station, Dist. Jalgaon for the offences punishable under Sections 323, 326, 504 & 506 of the Indian Penal Code.

3.

Allegation against this applicant is that he started

(2) making fun with the informant on that informant got annoyed and asked the applicant not to make fun and also not to take name of his mother. On that this applicant assaulted the complainant by fist blows and ran away to his house. On listening the quarrel, some of the friends of the informant came to the spot. On that applicant again came with iron rod and assaulted the informant on the head. Informant received grievous injury to parietal region and also received one simple injury. The applicant also assaulted one of the friends of the complainant namely Sagar on his hand.

4.

Learned advocate for the applicant submits that from the FIR it is seen that incident occurred at the spur of the moment. There is only one serious injury received. He relies on the judgment reported in [2015] 4 MLJ (CRL) 67 in the case of Bhadresh Bipinbhai Seth Vs State of Gujrat and another. 5.

Learned APP opposed the application vehemently. He submits that conduct of the applicant clearly shows his

(3) involvement. The informant received grievous injuries on his head. There is one more injury received by the informant. He further submits that the applicant is influential person and is likely to tamper the prosecution evidence and prays for rejection of the application.

6.

It thus appears that offence under Sections 326 is made out. The applicant is already protected by the order of this court dated 04-06-2024. There is no compliant of misuse of the liberty granted to the applicant. The investigation is almost also completed. Charge-sheet is likely to be filed. There is already recovery done by the police. Care of apprehension of prosecution can be taken by imposing some condition on the applicant. Hence, following order:-

ORDER

a] The application is allowed.

b] The applicant shall be released on bail in the event of his arrest in connection with FIR No.

(4) 0240/2024 dated 13-05-2024 registered with Amalnar Police Station, Dist. Jalgaon for the offences punishable under Sections 323, 326, 504 & 506 of the Indian Penal Code, on furnishing PR bond and solvent surety in the like amount of Rs.15,000/- [Rupees Fifteen Thousand Only] on the following conditions:

i] The applicant shall not tamer the prosecution evidence.

ii] The applicant shall not enter into the jurisdiction of the Amalner Police Station till conclusion of the trial except for attending police station and the court proceeding.

iii] The applicant shall attend the concerned police station as and when called by the Investigating Officer.

iv] The applicant shall provide the detailed address and mobile number to the concerned police station.

[KISHORE C. SANT, J.] VishalK/901aba911.24