Annasaheb Karbhari Tore And Another v. The State Of Maharashtra And Another

2024:BHC-AUG:26489

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1561 OF 2024

1. Annasaheb Karbhari Tore

2. Sanjay Baburao Tore

VERSUS

The State Of Maharashtra And Another *** • Mr. R. R. Karpe, Advocate for the Applicants • Ms. M. L. Sangit, APP for the Respondent/State *** CORAM : R.M. JOSHI, J DATE : OCTOBER 25, 2024 PER COURT :

1.

When this Court has shown its disinclination to grant any relief to Applicant No. 1, learned Counsel for this Applicant, on instructions, seeks withdrawal of Application to his extent.

2.

Application stands dismissed as withdrawn to the extent of Applicant No.1.

3.

Applicant No. 2 apprehends arrest in connection with with C.R. No. 842/2024 registered with Rahuri Police Station, Dist. Ahmednagar for the offences punishable under Sections 119(1), 118(1), 189(1), 189(2), 189(4), 191(1), 115(2), 352, 351(2) and

351(3) of the Bharatiya Nyaya Sanhita.

4.

First information report indicates that an incident occurred on 23.07.2024 at 05.30 pm in which co-accused assaulted informant with iron pipe on his head and bleeding injury is caused to him. As far as present Applicant is concerned, he caused assault on witness Sharad.

5.

Learned Counsel for the Applicant submits that there are disputes between parties and in respect of said incident a counter report is lodged. It is his submission that as far as present Applicant is concerned, no injuries caused to any person by him, as such, he is entitled for anticipatory bail.

6.

Learned APP opposed the application on the ground of seriousness of the crime.

7.

Perusal of the record indicates that there is no injury certificate of witness Sharad indicating causing of any injury. Having regard to the dispute between the parties, possibility of over implication is

not ruled out. Learned Counsel for this Applicant makes statement that there is no criminal history behind this Applicant.

8.

In view of above, application is allowed to the extent of Applicant No.2 by confirming interim order dated 18.09.2024.

(R.M. JOSHI, J.)