Narayan Babu Bendwal v. The State Of Maharashtra

2025:BHC-AUG:22476 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.900 OF 2025 Narayan Babu Bendwal ... Applicant

Versus

The State of Maharashtra, Through Shirpur City Police Station, Dist. Dhule ... Respondent ......

Mr. Suniket A. Kulkarni, Advocate for Applicant. Mr. A.M. Phule, APP for Respondent - State.

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CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 18 AUGUST 2025 PRONOUNCED ON : 19 AUGUST 2025 ORDER :

1.

Apprehending arrest in Crime No.0229 of 2025 registered at Shirpur (City) Police Station, Dist. Dhule for offences punishable under sections 109, 115(2), 118(1), 118(2), 189(4), 191(2), 191(3) of Bharatiya Nyaya Sanhita (BNS), applicant hereby seeks relief of anticipatory bail 2.

Alleging false implication, learned counsel would submit that, no role is attributed to applicant. That, merely because he was present with the other accused, he too was named. That, no overt act is attributed to him. Learned counsel pointed out that, similarly situated

-2other accused is already beneficiary of anticipatory bail in Anticipatory Bail Application No. 899 of 2025 and hence ground of parity is pressed into service.

3.

Learned APP strongly opposed on the ground that, applicant is specifically named. He was present along with other accused. That, with specific intention to indulge in the incidence, applicant also had joined main accused Rahul, Ajay, Mohan and Meghraj, who were armed with deadly articles like axe, rod and stick etc. That, injury certificate of victim are placed on record. For all above reasons, relief is opposed. 4.

Perused the FIR dated 28.04.2025 at the instance of one Amar Nandu Sarsar. He reported police that his cousin Sujal performed love marriage in February 2025. Precisely getting annoyed by that, it is alleged that, Rahul Bendwal, Ajay @ Tau Mohan Bendwal and one Mohan Bhika Bendwal issued threats by visiting informant one month prior to occurrence dated 28.04.2025 and issued threats to not to allow Sujal and the girl to stay in Shirpur. In above backdrop, it is alleged that, on 28.04.2025, in all 23 persons named in the FIR along with 2 to 3 lady members visited the house of complainant and in above backdrop, it is alleged that, Ajay, Mohan and Rahul used articles held by them by assaulting Tarachand Sarasar, Ganesh Sarsar, Sujal Sarasar and Rohan Sarsar also.

-35.

Thus, apparently as submitted present applicant Narayan is merely named for being present. Copy of order of Anticipatory Bail Application No. 899 of 2025, filed by another accused Suraj Bendwal, demonstrates that, this court by its order dated 23.06.2025 extended benefit of anticipatory bail. Resultantly, considering the nature of allegations and more particularly, taking into account that no overt act is attributed, even applicant succeeds. Hence, the following order is passed :-

ORDER

(i) In the event of arrest of the applicant Narayan Babu Bendwal, in connection with C.R. No. 229/2025, registered with Shirpur (City) Police Station, Dist. Dhule, for the offences punishable under Sections 109, 115(2), 118(1), 118(2), 189(4), 191(2), 191(3) and 190 of BNS, the applicant is directed to be released on bail on furnishing PR bond in the sum of Rs. 20,000 (Rupees Twenty Thousand Only) with one solvent surety in the like amount.

(ii) The applicant shall attend the concerned Police Station on every Monday at 11.30 am. He is further directed to cooperate the investigation.

(iii) The applicant shall furnish details of residential address and other contact details such as the mobile number etc. to the

-4concerned police station. If there is any change in the contact details, the same shall be immediately informed to the concerned police station.

(iv) The applicant shall not leave the jurisdiction of the Court without prior permission of the Court.

(v) He shall not contact and/or influence the witness/es and/or tamper with the evidence in any manner whatsoever. 6.

The Application is allowed in the above terms. 7.

Needless to mention that these observations are only for the purpose of adjudicating this anticipatory bail application and the order is passed quo present applicant Narayan Babu Bendwal only. (ABHAY S. WAGHWASE, J.) Tandale