Raju Baban Jogdand And Others v. The State Of Maharashtra And Another

2025:BHC-AUG:23259 {1} ABA 969 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 ANTICIPATORY BAIL APPLICATION NO. 969 OF 2025 1) Raju Baban Jogdand 2) Vijay Baban Jogdand 3) Usha w/o. Baban Jogdand 4) Sandhya w/o. Raju Jogdand ....Applicants

Versus

1) The State of Maharashtra and Another .....Respondents .....

Advocate for Applicants : Mr.Shashikant E. Shekade APP for Respondents: Mrs.M.L.Sangit .....

CORAM : ABHAY S. WAGHWASE, J.

DATE : 26 AUGUST, 2025 ORDER :

1.

This is pre-arrest bail application apprehending arrest in connection with crime bearing no.0147 of 2024 registered with PethBeed Police Station, District Beed, for the offence punishable under Sections 354, 452, 323, 504, 506 read with 34 of the Indian Penal Code.

{2} ABA 969 OF 2025 2.

Learned counsel for the applicants pointed out that there is false implication. That, there is previous enmity between informant family and accused family. That, there are cross complaints. That, the complaint filed by applicant no.4 is first in point of time. He took this Court through the FIR. That, occurrence is of 31-05-2024. That, there is allegation against applicant no.4 of initially biting the hand of informant and allegation against applicant no.1 is of pulling saree of informant. That, allegation against accused no.2 is of catching hold of informant from backside and hurling abuses. That, considering the nature of allegations, learned counsel submits that custodial interrogation of applicants is not necessary. Applicants are ready to co-operate in the investigation and hence, relief as prayed is urged for.

3.

Learned APP opposed application on the grounds that applicants are specifically named in the FIR. That, there are independent eye witness of the occurrence. That, serious allegations of outraging modesty of informant are levelled against applicant nos.1 and 2. Therefore, for effective investigation, learned APP opposes application and prays for rejection of relief.

{3} ABA 969 OF 2025 4.

Heard. Perused the FIR dated 01-06-2024 at the instance of informant Savita. Substance of the FIR is that the family of applicants is residing in the neighbourhood of the informant. There are allegations that applicant no.1 and applicant no.4 had taken Rs.1,00,000/- hand-loan for securing job for applicant no.1 and as such in view of relation, hand-loan of said amount was given. However, when it was demanded, the hand-loan was not returned. According to informant, at around 09:00 p.m. on 31-05-2024 applicants forced entry into house of informant and questioned her for repeatedly demanding money and picked up quarrel. As regards to applicant no.4, there is allegation of biting on hand and as regards to applicant nos.1 and 2 are concerned, there are allegations of pulling her saree and catching hold of informant from backside respectively due to which her modesty being outraged. Considering such nature of allegations and there being cross-complaints, further investigation can also be carried out by securing presence of the applicants. Accordingly, following order is passed :

ORDER

(i) Anticipatory Bail Application is allowed.

{4} ABA 969 OF 2025 (ii) In the event of arrest of applicants in connection with crime No.0147 of 2024 registered with Peth- Beed Police Station, District Beed, for the offence punishable under Sections 354, 452, 323, 504, 506 read with 34 of the Indian Penal Code, they shall be released on executing P.B. and S.B. of Rs.20,000/- each with one surety each in the like amount.

(iii) The applicants shall attend the concerned Police Station on every Monday and Thursday between 10:00 a.m. to 12:00 Noon, till filing of the charge-sheet. (iv) Applicants shall co-operate in the investigation. (v) The applicants shall not tamper the prosecution evidence.

( ABHAY S. WAGHWASE ) JUDGE SPT