Prasad Bhausaheb Barfe And Another v. The State Of Maharashtra

{1} 912-ABA-1313-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1313 OF 2022 Prasad Bhausaheb Barfe And Another ...Applicants

Versus

The State Of Maharashtra & Another

...Respondents

Mr. A.G. Ambetkar, Advocate for the applicants. Mr. S.P. Sonpawale, APP for State.

.......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 17 th NOVEMBER, 2022 ORDER :

1.

The applicants apprehend their arrest in connection with Crime No. 930/2020, registered with Pathardi Police Station for the offences punishable under section 307, 326, 143, 147, 148 149, 323, 504 and 506 of Indian Penal Code. 2.

The First Information Report is lodged by one Anna Fulari alleging that his son Akshay was assaulted by wooden log by Akshay alias Bhaiyya Borude, Vikki Bhosale, Lakhan Kasar, Jaysingh Lodhe and Shaikh Imran, they also inflicted knife blows on Nazimodin Shaikh.

3.

Heard the learned advocate for the applicants and learned Additional Public Prosecutor for State. Perused the Bhagyawant Punde

{2} 912-ABA-1313-2022 investigation papers.

4.

The applicants are not named in the First Information Report. They are also not named in the statement of injured Akshay as well as Nizamoddin. A vague reference of the applicants is made in the statement of one of injured namely Ashish who was allegedly assaulted by wooden log. However, his injury certificate is not on record.

5.

The applicants claim that they are students and they are falsely implicated as they are friend of co-accused. Taking into consideration the above facts, applicants deserve protection. 6.

The application is allowed in terms of interim order dated 29th September, 2022.

7.

Till filing of charge sheet, the applicants to attend the concerned police station as and when called by the investigating officer. The applicants shall not tamper with prosecution evidence.

[NITIN B. SURYAWANSHI, J.] Bhagyawant Punde