Manoj Sahadu Bhingardive v. The State Of Maharashtra And Another

2025:BHC-AUG:2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 ANTICIPATORY BAIL APPLN. NO.1712 OF 2024 MANOJ SAHADU BHINGARDIVE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr.R.R.Karpe APP for Respondent-State : Mr.A.A.A.Khan Advocate for the witnesses : Mr.V.V.Kabade ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 24.01.2025 P.C. :

1] Heard learned counsel for the applicant, the learned counsel for the witnesses and the learned APP for the respondent-State.

2] The learned counsel for the witnesses, namely Jalindar Salve and Anita Salve have filed Vakalatnama and affidavits and the same are taken on record.

3] The applicant is apprehending arrest in connection with Crime No. 664/2024, registered at MIDC Police Station, Ahmednagar, District Ahmednagar, for the offences punishable under sections 109, 115 (2), 352 of the Bhartiya Nyaya Sanhita, 2023.

4] The allegations against the present applicant

that the applicant has assaulted to Ritija, Punam and her mother namely Anita with fist and kick blows. At that time the informant was trying to intervene to resolve the dispute, the applicant has also assaulted the informant with sharp weapon on his stomach as well as on his chest. On the basis of the said allegations, the FIR is lodged against the present applicant.

5] The learned counsel for the applicant submits that there are cross FIR against each other. The present applicant has also filed FIR bearing No.665/2024 against the informant and other accused persons in respect of same incident. In the said FIR, the present applicant has given no objection to grant bail to the accused persons. The learned counsel for the applicant submits that the witnesses [injured] have filed affidavits stating that they have given no objection to grant anticipatory bail in favour of the applicant. The informant, who is injured, has not filed any affidavit in this Court.

6] Considering the nature of allegations that there was fight between family members and the injuries being suffered by the informant, who is a stranger and is alleged to have some relations with the wife of the applicant, the application is allowed in the following terms :

i] In the event the applicant is arrested in connection with Crime No. 664/2024, registered at MIDC Police Station, Ahmednagar, District Ahmednagar, for the offences punishable under sections 109, 115 (2), 352 of the Bhartiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

ii] The applicant shall attend the concerned police station as and when required by the investigating officer.

iii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

iv] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

7] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

8] 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.

9] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE DDC