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Bombay High CourtABA/784/2023application allowed

Balaji S/O Ramrao Gutte v. The State Of Maharashtra And Another

2023-06-14Hon'Ble Shri Justice R. M. Joshi2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.784 OF 2023 BALAJI S/O RAMRAO GUTTE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Mr. M. P. Kale, Advocate for the applicant Mr. G. O. Wattamwar, APP for the respondent/State CORAM : R. M. JOSHI, J.

DATE : 14th JUNE, 2023 P.C. :- 1.

Applicant apprehends arrest in connection with CR No. 256/2023 registered with Ahmedpur Police Station, District Latur for the offences punishable under Sections 353, 332, 171-F, 114 read with Section 34 of the Indian Penal Code.

2.

It is alleged in the FIR by the informant who is Assistant Registrar, Co-operative Societies that on 30/04/2023 when the counting of the votes was being done in respect of the election of the Agricultural Produce Market Committee, Ahmedpur (APMC), applicant and co-accused came to the spot. They abused and alleged against the applicant for supporting the other group. There is also allegation that the informant was manhandled and that present applicant kicked table kept in front of the him.

3.

Learned counsel for the applicant states that the co-accused 945.aba784.23.odt

against whom the allegation of threatening accusation and man handling was made is granted anticipatory bail and application of the present applicant was rejected only on the ground that he kicked the table which was kept in front of the informant.

4.

Considering the nature of allegations against the present applicant and co-accused, this Court finds at this stage that the parity could apply. Kicking of keeping of table kept in the front of the informant may not become a ground for refusing the anticipatory bail to applicant. Hence the order.

ORDER

(i) In the event of arrest of applicant in connection with CR No. 256/2023 registered with Ahmedpur Police Station, District Latur for the offences punishable under Sections 353, 332, 171-F, 114 read with 34 of the IPC, he shall be released on bail on furnishing PR Bond of Rs.15,000/- (Rupees fifteen Thousand only) with one solvent surety in the like amount. (ii) Applicant is directed to appear before the concerned Investigating Officer once a week till filing of the chargesheet. (iii) He shall not contact the witnesses directly or indirectly. (iv) He shall not interfere with the evidence in any manner whatsoever.

(v) He is further directed to cooperate the Investigating Agency for further investigation.

(R. M. JOSHI, J.) ssp 945.aba784.23.odt