Raju S/O Bansi Garud v. The State Of Maharashtra And ANR

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3967 OF 2016 Raju s/o Bansi Garud, Age: 50 years, Occ: Service, R/o. Haregaon, Tq. Shrirampur, Dist. Ahmednagar.

..APPLICANT

VERSUS

The State of Maharashtra through the Superintendent of Police, Ahmednagar & anr ..RESPONDENTS Mr A.M. Karad, Advocate for applicant;

Mr A.S. Shinde, Addl. Public Prosecutor for respondents CORAM : N.W. SAMBRE, J.

DATE : 25th July, 2016 ORDER :

The applicant is seeking pre-arrest bail in Crime No. I-51 of 2016, registered with Shrirampur Taluka Police Station, Taluka Shrirampur, District Ahmednagar, for the offence punishable under Sections 452, 324, 323, 504, 506, 354 read with Section 34 of the Indian Penal Code.

(2) 2.

It is claimed that the incident took place on 13th June, 2016, wherein the applicant has assaulted the complainant with an axe, resulting into registration of crime in question.

3.

There is counter complaint lodged by wife of the applicant to the Superintendent of Police, Ahmednagar on 22nd June, 2016.

4.

Apart from above, it has to be noted that the injury certificate depicts that the complainant has suffered simple injury which is caused by hard and blunt object, whereas the weapon alleged to have used by the applicant is an axe i.e. sharp edged weapon.

5.

Looking to the nature of allegations in the first information report, false implication of the applicant in the crime in question cannot be ruled out.

6.

In view of above, the applicant is

(3) entitled to be released on bail. Hence, the following order:- (i) In the event of arrest of the applicant, in connection with Crime No. I-51 of 2016, registered with Shrirampur Taluka Police Station, Taluka Shrirampur, District Ahmednagar, for the offence punishable under Sections 452, 324, 323, 504, 506, 354 read with Section 34 of the Indian Penal Code, he be released on bail, on furnishing P.R. Bond of Rs.15,000/-, with one surety in the like amount.

(ii) The applicant shall attend the concerned police station on 4th and 5th August, 2016 between 10-00 a.m. to 12-00 noon and thereafter as and when called by the Investigating Officer.

(iii) The applicant shall not tamper with the prosecution evidence or influence the prosecution witnesses.

(4) 7.

Criminal Application stands allowed in above terms.

(N.W. SAMBRE, J.) Tupe