Aniket Vijay Darade v. The State Of Maharashtra

2024:BHC-AUG:2970 {1} 30-ABA-1550-2023

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1550 OF 2023 Aniket Vijay Darade ....Applicant

VERSUS

The State Of Maharashtra .....Respondent .....

Mr. Vijay Wakale h/f. Mr. S.G. Ghongade, Advocate for Applicant Mr. S.B. Jadhav,APP for Respondent.

.......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 12 th FEBRUARY, 2024 ORDER :

1.

Applicant apprehends arrest in C.R No. 265 of 2023, registered with Kalamnuri Police Station, Dist. Hingoli, for offences punishable under sections 143, 147, 147, 149 and 307 of the Indian Penal Code.

2.

FIR is lodged by Sarangdhar Ghuge alleging that on 01.05.2023, Balaji Darade, Aniket Darade, Dimakhrao Darade, Raghoji Darade and Baban Darade conspired together and called his son Mahesh in Vishwanath Ghuge's field. Baban told him not to stay in the village and assaulted Mahesh with iron rod in the head, Aniket assaulted with iron rod on right leg and caused fractured injury. Accused Dimakhrao assaulted on left foot by Bhagyawant Punde

{2} 30-ABA-1550-2023 stick, Raghoji caught both the legs of Mahesh and Baban gave stick blows in his back.

3.

Heard learned advocate for applicant and learned APP for respondent. Perused the investigation papers. 4.

Injury certificate of Mahesh shows that he has suffered four CLW injuries on parietal region, which are stated to be simple injuries. Except that he has not suffered any injury. In that view of the matter, prima facie, false implication of applicant in the present crime cannot be ruled out at this stage. Accused Balaji and Raghoji were arrested and accused Baban and Dimakhrao were granted anticipatory bail by Trial Court. Learned advocate for applicant submits that charge sheet is filed in the present crime.

5.

Considering the papers of investigation, prima facie, applicant's involvement does not appear in the present crime. In the result, application is allowed by confirming interim protection order dated 15th September, 2023.

[NITIN B. SURYAWANSHI, J.] Bhagyawant Punde