Pralhadsing Fulsing Usare And Another v. The State Of Maharashtra

- 1 -

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 32 ANTICIPATORY BAIL APPLICATION NO. 1159 OF 2024 Pralhadsing Fulsing Usare & another ....Applicants

VERSUS

The State of Maharashtra .....Respondent .....

Mrs. A. N. Ansari, Advocate for Applicants.

Mr. P. P. Dawalkar, APP for the State.

CORAM : R. M. JOSHI, J.

DATE : 14th OCTOBER, 2024.

PER COURT :

1.

Heard.

2.

Applicants apprehend arrest in connection with Crime No. 0163/2024, registered with Jafrabad Police Station, Dist. Jalna, for the offences punishable under Sections 327, 307, 143, 147, 148, 149, 506, 120-B of the Indian Penal Code and Section 135 of Maharashtra Police Act.

3.

First informant lodged report in respect of incident occurred at 12.00 noon on 18.06.2024. It is alleged that in the said incident, co-accused assaulted her husband with sticks and iron rod.

- 2 - There is also allegation against Applicant No. 1 that on the same day in the morning at about 7.00 am, he had threatened the husband of the informant.

4.

Learned counsel for the Applicants has drawn attention of the Court to the various First Information Reports filed by the parties against each other. It is her submission that admittedly, there are disputes between the parties in respect of the agricultural land and owing to the same, possibility of false implication cannot be ruled out. She drew attention of the Court to the First Information Report in question to contend that there is no allegation against both the Applicants of committing any overt act in the alleged incident of assault.

5.

Learned APP opposed the application by referring to the fact that there are number of offences registered against the present Applicants.

6.

From the First Information Reports placed on record, it is clear that there are disputes between the two sides over the agricultural land. Insofar as present report is concerned, there is no

- 3 - overt act alleged against the present Applicants. Nothing is to be recovered at their instance. Hence, application is allowed in terms of the interim order.

( R. M. JOSHI) Judge dyb