Dinesh Shantaram Aher v. The State Of Maharashtra

1 931-ABA-1326-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1326 OF 2022 DINESH SHANTARAM AHER

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Abhaysinh K. Bhosle APP for Respondent-State : Mr. N. T. Bhagat ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 16th NOVEMBER, 2022 PER COURT :

1.

Heard learned advocate for applicant and learned Additional Public Prosecutor for respondent - State. Perused the papers of investigation.

2.

Applicant apprehends arrest in Crime No.0266/2022, registered with Pachod Police Station, Aurangabad, for offence punishable under Sections 323, 326, 504 and 506 of the Indian Penal Code.

3.

Applicant has allegedly assaulted informant with iron rod, due to which informant has suffered fracture to his right hand. The incident allegedly has taken place on 26/07/2022 and the FIR is lodged on 12/08/2022. Statements of alleged eye witnesses are also recorded on 12/08/2022.

2 931-ABA-1326-22.odt 4.

According to applicant, there is a political rivalry in the village, due to which applicant is falsely implicated in present crime. 5.

Applicant has cooperated in the investigation and the iron rod which was used in the crime is already recovered by police authorities. Investigation appears to be almost complete and further custodial detention of applicant is not necessary in the facts of the present case.

6.

Application is, therefore, allowed by confirming the interim order dated 12/10/2022. Till filing of charge-sheet, applicant shall attend concerned police station as and when called by the Investigating Officer. Applicant shall not tamper with the prosecution evidence and shall not enter the village Adul Budruk, Taluka Paithan, District Aurangabad, till filing of the charge-sheet. (NITIN B. SURYAWANSHI, J.) SVH