Manisha Bhagwan Boldhane And Others v. The State Of Maharashtra

933aba961-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 ANTICIPATORY BAIL APPLICATION NO.961 OF 2022 WITH CRIMINAL APPLICATION NO. 2550/2022 IN ABA/961/2022 MANISHA BHAGWAN BOLDHANE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Rajebhosale Sandeep B. APP for Respondents State: Mrs. V. S. Chaudhari Advocate for complainant(assists to PP) : Mr. Sandip D. Ingale

CORAM

:S. G. MEHARE, J.

DATE : 5th AUGUST, 2022 ORDER:

1.

Heard learned counsel for the applicants, learned APP for the State and learned counsel assisting him.

2.

Serious allegations have been levelled against the applicants and co accused. They have assaulted the injured mercilessly and caused them serious injury. One of the injured has been paralyzed. Both the parties have lodged reports against each other. 3.

So far as role played by accused- applicant No.3 Kachru Nanasaheb Boldhane is concerned he has played an active role and used weapon and assaulted the injured. Hence, this court expressed

933aba961-2022 disinclination to grant anticipatory bail to him. The learned counsel for the applicants, on instructions, seeks leave to withdraw the application for him. Leave granted. The application of applicant Kachru Nanasaheb Boldhane stand dismissed as withdrawn.

4.

Sof ar as the role alleged against applicant Nos. 1 and 2 is concerned, it has been alleged that they abused the injured and their family members and pelted stones. The Investigating Officer has collected stones from the spot of incident and therefore, their custody is not required 5.

In the facts and circumstance of the case, the application deserves to be partly allowed. Hence, the following order:

O R D E R

(i) The Anticipatory Bail Application is partly allowed. (ii) Interim protection granted to the applicant Nos. 1- Manisha Bhagwan Boldhane and 2) Vaishali vishnu Boldhane by order dated 26th July is confirmed on the conditions that they shall remain out of the village for a period of one month from today and they shall not tamper with the prosecution witnesses. (iii) Criminal Application No 2550/2022 is disposed of. (S. G. MEHARE, J. ) JPChavan