Murlidhar Bapurao Wayal And Another v. The State Of Maharashtra

930-aba-964-2022.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.964 OF 2022 1.

Murlidhar Bapurao Wayal 2.

Kamlakar Bapurao Wayal ...Applicants

Versus

The State of Maharashtra

...Respondent

...

Advocate for Applicants : Mr. Vishal Bagal h/f Mr. Kale Pramod D APP for Respondent/State : Mr. K.S. Patil ...

CORAM : S.G. MEHARE, J.

DATED : 04th AUGUST, 2022 PER COURT:- 1.

Heard learned counsel for the applicants and the learned APP for the State.

2.

After hearing the learned counsel for the applicants, this Court expressed disinclination to grant anticipatory bail to applicant no.1 - Murlidhar Bapurao Wayal. Learned counsel for the applicants, on instructions, seeks leave to withdraw the application. 3.

Leave granted. The application in respect of applicant no.1 - Murlidhar Bapurao Wayal stands dismissed as withdrawn. 4.

So far as the fact of the case is concerned, it appears that both the parties have assaulted each other and lodged the report against each other. The person from the both the sides have suffered injuries. The applicant Kamlakar has suffered the injuries on

930-aba-964-2022.odt (2) his head. However in the FIR lodged against him, no allegations have been levelled against him that he has assaulted any of the person from the complainant side.

5.

Considering the allegations levelled against the applicant, Kamlakar Bapurao Wayal, this Court is of the view that he has a good case for anticipatory bail. Hence, the following order :

ORDER

(A) The Application is partly allowed.

(B) In the event of arrest, the applicant, Kamlakar Bapurao Wayal, be released on bail, on executing P.B. and S.B. of Rs.20,000/- (Twenty Thousand) with one solvent surety in the like amount in Crime No.295 of 2022 registered with Mantha Police Station, District Jalna for the offence punishable under Sections 307, 323, 324, 504, 34 of the Indian Penal Code, on the condition that he shall attend the police station as and when called by the Investigating Officer on written notice and shall not tamper with the prosecution witnesses. (S.G. MEHARE, J.) Mujaheed//