Raghunath Vishwanath Deshmukh v. The State Of Maharashtra

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 23 ANTICIPATORY BAIL APPLICATION NO.1008 OF 2021 Raghunath s/o Vishwanath Deshmukh, Age 53 years, Occ. Agriculture, R/o. Sirsala, Tq. Parali Vaijanath, Dist. Beed.

VERSUS

The State of Maharashtra ...

Mr. A.V.Thombre, h/f Mr. S.S.Thombre, Advocate for the applicant Mr. V.S.Badakh, APP for the respondent-State ...

CORAM : PRAKASH D. NAIK, J.

DATE : 4th OCTOBER, 2021 PER COURT :

1] This is an application for anticipatory bail in CR No.0141/2021 registered with Sirsala Police Station, Tq. Parali Vijanath, Dist. Beed for the offences punishable under Section 353, 332, 504 and 506 of the Indian Penal Code. The First Information Report was registered on 3rd August, 2021.

2] The complainant is working with bank of Rural Bank. On 3rd August, 2021, the applicant had allegedly visited the bank and questioned the complainant about pendency of his file, wherein, he had obtained crop loan. There was exchange of words between them. The applicant had allegedly abused the complainant and assaulted him. He

( 2 ) also intimidated the complainant that he would be killed by pouring kerosene.

3] Learned Advocate for the applicant submitted that FIR is false. First Information Report has been lodged against the complainant by the wife of the applicant vide CR No.0142/2021 for the offences punishable under Sections 354 and 504 of the IPC.

4] Learned APP submitted that the applicant has been attributed specific overt act in the FIR. The FIR was lodged by the wife of the applicant subsequently.

5] I have perused the FIR and the other documents annexed to this application. There are complaints lodged by both the sides. The investigation is in progress. The FIR lodged by the wife of the complainant was registered subsequently. It is apparent that the said FIR has been registered on the same day and immediately after the present FIR. In the factual matrix of this case, custodial interrogation of the applicant is not necessary. There are no criminal antecedents against applicant. The case for anticipatory bail is made out. Hence, I pass following order :

ORDER

(i) Anticipatory Bail Application No.1008/2021 is allowed.

( 3 ) (ii) In the event of arrest of applicant in CR No.0141 of 2021 registered with Sirsala Police Station, Dist.Beed, the applicant be released on bail on his executing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount. (iii)The applicant shall appear before the Investigating Officer on 12th, 13th and 14th October, 2021 between 11.00 am to 01.00 pm and thereafter, as and when called for till filing of the charge-sheet.

(iv) The Application stands disposed of.

( PRAKASH D. NAIK, J. ) sarowar