Prakash Amruta Wathore And Another v. The State Of Maharashtra

2024:BHC-AUG:19034 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 ANTICIPATORY BAIL APPLICATION NO. 959 OF 2024

1) Prakash Amruta Wathore

2) Rohan Prakash Wathore (withdrawn)

VERSUS

The State of Maharashtra ...

Advocate for Applicant : Mr. Patel Sameer F APP for Respondents: Mr. C.V. Bhadane .....

CORAM : SHIVKUMAR DIGE, J.

DATED : 21st AUGUST, 2024.

PER COURT :- 1.

Learned counsel for the applicants, on instructions, seeks leave to withdraw the application of applicant No.2 Rohan Prakash Wathore. Leave granted. The application of applicant No.2 Rohan Prakash Wathore is disposed of as withdrawn.

2.

In so far as the applicant No.1 is concerned, he apprehends arrest in connection with crime No. 175 of 2024 registered with Sengaon Police Station, district Hingoli, for the offences punishable under Sections 323, 324, 327, 336, 294, 143, 147, 148, 149, 504 and 506 of I.P.C.

3.

It is the prosecution's case that on 8.4.2024 around 8.00 to 8.30 a.m. when the informant and other ladies had gone to the house

-2of co-accused Anita Pathare asking for repayment of loan amount. It is alleged that at that time, co-accused Anita, the applicant and coaccused Rohan abused the informant and other ladies of Bachat Gat. They assaulted them with stone and brick-lin. Due to the said assault, the informant and other ladies of Bachat Gat got injured. The allegations against the applicant are that the applicant abused the informant and ladies and he assaulted the husband of the informant with wooden stick.

4.

It is the contention of the learned counsel for the applicant that the applicant has been falsely implicated in this case. The allegations against the applicant are that he abused the informant and ladies and assaulted the husband of the informant with wooden stick. The injury certificate of the husband of the informant shows that he had suffered simple injuries. Considering the allegations against the applicant, his custodial interrogation is not required and requested to allow the application.

5.

It is the contention of the learned APP that the applicant and co-accused assaulted the informant and members of Bachat Gat. The members of the Bachat Gat were injured in the assault made by the applicant and co-accused. Considering the allegations against the applicant, his custodial interrogation is required and requested to

-3reject the application.

6.

I have heard both the learned counsel. Perused the F.I.R. and the police papers produced on record. The allegations against the applicant are that he abused the informant and members of Bachat Gat and he assaulted the husband of the informant with wooden stick. The injury certificate of husband of the informant shows that he had suffered simple injuries. Considering the allegations against the applicant, his custodial interrogation is not required and I pass the following order:-

O R D E R

(i) The application is allowed.

(ii) In the event of arrest of the applicant in connection with crime No. 175 of 2024 registered with Sengaon Police Station, district Hingoli, for the offences punishable under Sections 323, 324, 327, 336, 294, 143, 147, 148, 149, 504 and 506 of I.P.C., the applicant be released on executing personal bond in the sum of Rs.20,000/- with one surety of the like amount, on the following condition :- (a) the applicant shall attend the concerned police station as and when required by the Investigating Officer. (SHIVKUMAR DIGE, J.) rlj/