Bhagwan Balaji Mitkar v. The State Of Maharashtra

913-ABA-1273-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1273 OF 2021 BHAGWAN BALAJI MITKAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Parghane Madhukar M. APP for Respondent - State : Mr. A. S. Shinde ...

CORAM : PRAKASH D. NAIK, J.

DATE : 26th OCTOBER, 2021 PER COURT :

1.

The applicant is apprehending arrest in connection with Crime No. 0185 of 2021 registered with Hadgaon Police Station, Dist. Nanded, for the offences punishable under Sections 326, 323, 504, 506 r/w 34 of the Indian Penal Code.

2.

The FIR was registered on 24th July, 2021. According to the complainant, on 23rd July, 2021, he was assaulted by the applicant and the other accused. The role attributed to the applicant is that initially he had abused the complainant and thereafter he along with co-accused, namely, Bhagwan Mitkar assaulted him with fist and kick blows. The co-accused Rahul Sahebrao Mitkar had assaulted him by means of Katti on his back.

3.

Learned APP pointed out the Injury Certificate pertaining to the complainant. The said certificate shows Contused

913-ABA-1273-21.odt Lacerated Wound (CLW) on the back of the left shoulder of the complainant. The injury caused by sharp object is grievous in nature.

4.

In light of the role attributed to the applicant and the factual aspects of the matter, the applicant need not be subjected to custodial interrogation. Hence, the following order.

ORDER

i] The application is allowed and disposed of.

ii] In the event of arrest of the applicant in connection with Crime No. 0185 of 2021 registered with Hadgaon Police Station, Dist. Nanded, for the offences punishable under Sections 326, 323, 504, 506 r/w 34 of the Indian Penal Code, he be released on bail on his furnishing P.R. Bond in the sum of Rs. 20,000/- (Twenty Thousand) with one or more sureties in the like amount.

iii] The applicant shall report to the Investigating Officer as and when called till filing of the charge-sheet. (PRAKASH D. NAIK, J.) SVH