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Bombay High CourtABA/993/2025disposed off

Baban Kundlik Bangar And Others v. The State Of Maharashtra And Another

2025-09-29Hon'Ble Shri Justice Neeraj P. Dhote4 pages

2025:BHC-AUG:26830

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1276 OF 2025 RANJIT S/O. LAXMAN BANGAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Rahul R. Karpe APP for Respondents : Mr. C.V. Bhadane ...

WITH ANTICIPATORY BAIL APPLICATION NO. 993 OF 2025

1. BABAN S/O. KUNDLIK BANGAR

2. SATYABHAMA W/O. BABAN BANGAR

3. DATTA S/O. BHIMRAO AGHAV

4. LAXMAN S/O. SURYABHAN BANGAR

5. MUKESH S/O. DNYANOBA KEKAN

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Mr. Rahul R. Karpe APP for Respondents : Mr. M.K. Goyanka ...

CORAM : NEERAJ P. DHOTE, J.

DATED : 29TH SEPTEMBER, 2025 PER COURT : - 1.

Leave to correct the name of Applicant no. 2 in Anticipatory Bail Application No. 993/2025.

2.

Heard learned Advocate for the Applicants and learned APP for the State. Perused the papers.

3.

These are the Applications under Sections 482 of the BNSS, as the applicants are apprehending arrest in Crime No. 0264/2025, registered with the Shivajinagar Police Station, District Beed, for the offences punishable under Sections 118(1), 140(3), 123, 119(1), 189(2), 191(2), 190, 351(2), 351(3) of the BNS. 4.

The above referred crime is registered on 09.05.2025, on the report lodged by Anil Ankush Nagargoje who is the brother-in-law of Ranjit i.e. the Applicant in Criminal Application No. 1276/2025, and son-in-law of Applicant No. 1 - Baban and Applicant no. 2 - Satyabhama in Criminal Application No. 993/2025. 5.

It is the case of prosecution that on 07.05.2025, around 04.45 p.m. when the informant was on his way to his home, Applicant - Ranjit and three others came in a four wheeler and attacked him by using sticks. The informant was beaten and forcibly compelled to sit in four wheeler. When the vehicle was in motion, the informant was compelled to consume liquor. Applicant - Ranjit snatched the mobile phone from the informant. Informant was taken to the house of his inlaws i.e. the house of Baban who is Applicant No. 1 in ABA No. 993/2025, where he was again assaulted by all the applicants and told him that they have lodged the report against the informant under Section 498-A. Since the incident was reported to the police, the aforesaid crime came to be registered.

6.

The papers on record indicate that prior to the registration of this crime, there are reports lodged by Baban i.e. father-in-law who is Applicant No. 1 in ABA No. 993/2025 and by the wife of the informant against informant that he was in habit of consuming liquor and used to

assault her. The said complaints are dated 07.05.2025 and 08.05.2025, which are lodged by wife and father-in-law of the informant, respectively. The present FIR is lodged after two days from the date of incident. There is nothing to show that informant has sustained any injury, though repeated allegations of assault are leveled in the FIR. There is nothing to show that the medico legal case was registered in respect of the assault as reported by the informant. Therefore, the false implication of the Applicants cannot be ruled out. The Applicants in ABA No. 993/2023, were protected by interim order dated 26.06.2025, on certain conditions. It is nobodies case that they have misused the said protection. The police papers show that the four wheeler, sticks and the mobile of informant has been seized.

The grounds stated in report opposing the Application are that investigation is to be done to ascertain the role of the Applicants, the Applicants would tamper with evidence and will not be easily available. Considering all the aspects, in my view, investigation which is almost over, is possible without the custodial interrogation of the Applicants.

ORDER

i.

In the event of the arrest of the Applicants in Crime No. 0264/2025, registered that the Shivajinagar Police Station, District Beed, they shall be released on bail on executing P.R. bond of Rs. 20,000/- (Rupees twenty thousand) each, with one or more sureties in the like amount.

ii.

The Applicants shall co-operate with the investigation and attend the concerned police station and as and when called.

iii.

The Applicants shall not change their place of residence without informing the concerned police station. iv.

The Applicants shall not influence the witness and tamper evidence in any manner.

v.

Anticipatory Bail Application Nos. 1276/2025 and 993/2025, stand disposed of.

[NEERAJ P. DHOTE] JUDGE