Kashinath Bhagoji More And Others v. The State Of Maharashtra

2025:BHC-AUG:106 1 928

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 ANTICIPATORY BAIL APPLICATION NO. 1603 OF 2024

1. KASHINATH S/O BHAGOJI MORE

2. VISHWANATH S/O BHAGOJI MORE

3. VIKAS S/O KASHINATH MORE

4. SUSHIL S/O KASHINATH MORE .. Applicants

VERSUS

THE STATE OF MAHARASHTRA .. Respondent ...

Advocate for Applicant : Mr. Ramrao G. Nirmal APP for Respondent/State: Mr. S. K. Shirse ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 03rd JANUARY, 2025 PER COURT:

1] Heard learned counsel for the applicants and the learned APP for the respondent-State.

2] The applicants are apprehending arrest in connection with Crime No.451/2024 dated 03.08.2024, registered at Jintur Police Station, District Parbhani, for the offences punishable under sections 74, 352, 351(3), 351(2), 3(5), 118(1) of the Bharatiya Nyaya Sanhita. 3] The learned counsel for the applicants, on instructions, seeks leave to withdraw the application qua applicant no.1. 4] Leave granted.

2 928 5] The learned counsel for the applicants submits that this court by order dated 25.09.2024, protected applicants no.2, 3 and 4. He submits that applicants no.2, 3 and 4 thereafter has cooperated with the investigation and investigation in the matter is nearly completed.

6] It is further submitted that the cross FIRs are filed and the real incident is suppressed by the informant. He submits that dispute on account of certain dues, which the informant was to pay the applicants. In the ensuing scuffle there are allegations of offence under the above Sections. Prima facie, there is only simple hurt to the informant.

7] In view of the above, the interim protection granted by order dated 25.09.2024 stands confirmed qua applicants no.2, 3 and 4, on the following terms:

i] Applicants No.2, 3 and 4 shall attend the police station as and when required by the Investigating Officer. ii] Applicants No.2, 3 and 4 shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case.

iii] Applicants No.2, 3 and 4 shall co-operate with the investigation and also in the proceedings before the trial Court.

3 928 8] In the event, applicants No.2, 3 and 4 violates any of the conditions specified in this order, it shall be liable to be cancelled. 9] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove. 10] The application stands disposed of.

[ARUN R. PEDNEKER, J.] marathe