Bhatu Devman Thelari v. The State Of Maharashtra And Others
2025:BHC-AUG:22631 {1} ABA 1370 OF 2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 971 ANTICIPATORY BAIL APPLICATION NO. 1370 OF 2025 Bhatu Devman Thelari ..Applicant
Versus
The State of Maharashtra And Others ..Respondents ...
Advocate for Applicant : Mr.Sanket Kulkarni a/w. Mr.A.R.Kachole h/f. Mr. Kurundkar Sunil V.
APP for Respondents: Mr.C.V.Bhadane .....
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 19 AUGUST, 2025 PRONOUNCED ON : 20 AUGUST, 2025 ORDER :
1.
Present applicant is apprehending arrest in crime bearing no.0124 of 2025 registered with Dondaicha Police Station, District Dhule, for the offence punishable under Sections 118(2), 189, 191(1), 191(2), 190, 115(2), 352, 351(2), 351(3), 109 of the Bharatiya Nyaya Sanhita.
2.
Learned counsel for the applicant took this court through the FIR and submitted that alleged occurrence is of 07-06-2025, however,
{2} ABA 1370 OF 2025 report is lodged on 10-06-2025 and as such complaint is false and afterthought. It is further submitted that allegations against present applicant are that he abused and assaulted husband of informant by means of wooden stick (danda). There is already dispute over share in agricultural land and therefore, complaint is motivated. That, there is cross complaint. Thus, instant FIR is counter blast. That, considering the nature of allegations, nothing is to be recovered or discovered at his instance. For above reasons, relief of anticipatory bail is urged for.
3.
Learned APP strongly opposed on the ground that applicant is specifically named and his role is also crystallized for using wooden stick (danda) in inflicting grievous injury on head of informant's husband and for above reasons, for effective investigation, application is sought to be rejected.
4.
Heard. Perused the FIR. At the instance of Girjabai Pawsa Thelari, who reported Police that there is dispute with her brother-inlaw and his family on account of partition. It is alleged that on 07-06-2025 at around 08:00 p.m., her brother-in-law Chima,
{3} ABA 1370 OF 2025 Devman, Padam, Kalu and present applicant visited the house of informant, abused and when questioned by her husband Pawsa Thelari, her husband and son were beaten. As regards to present applicant is concerned, he allegedly assaulted her husband by wooden stick (danda) on the head and was required to be taken to hospital. Hence, above report.
5.
Learned APP invited attention of this Court to medical papers i.e. injury certificate of Pawsa Ragho Thelari, who has suffered depressed fracture a/w lacerated wound on forehead, parietal region and CT Scan showed displaced and depressed fracture. Thus apparently, head is targeted by present applicant by using wooden stick (danda). Resultantly, it cannot be said that there is false implication and there is no specific role attributed to applicant. For above reasons, this Court does not find it a fit case to extend benefit of anticipatory bail. Accordingly, following order is passed :
ORDER
Application is rejected.
( ABHAY S. WAGHWASE ) JUDGE SPT