Barasatkaur Milansingh Bhada v. The State Of Maharashtra

2024:BHC-AUG:29754

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 967 ANTICIPATORY BAIL APPLICATION NO. 1717 OF 2024 BARASATKAUR MILANSINGH BHADA

VERSUS

THE STATE OF MAHARASHTRA .....

Ms. Devika Patil h/f Mr. N. L. Chaudhari, Advocate for Applicant Mr. D. B. Bhange, APP for the respondent/State

CORAM

: R. M. JOSHI, J.

DATE : 13th DECEMBER, 2024 PER COURT :- 1.

Applicant apprehends arrest in connection with Crime No. 289/2024, registered with Mohadi Nagar Police Station, Dist. Dhule for the offences punishable under Sections 118(2), 3(5), 351(2), 351(3), 352 of Bharatiya Nyaya Sanhita, 2023 r/w 4/25 of Arms Act. 2.

The first information report indicates that an incident has occurred on 17/09/2024 in which the informant was assaulted by coaccused. There is allegation against the present applicant that she caught hold of the hair of the informant.

3.

Learned counsel for the applicant submits that though there is allegation against the present applicant of catching hold of the hair of the informant, in view of the fact that the co-accused came to the spot thereafter, it cannot be said that the informant was sharing any common 967.aba1717.24.odt

intention with the co-accused in order to cause assault on it. 4.

Learned APP opposed the application.

5.

Perusal of the first information report itself shows that when the applicant herein had caught hold of the informant, the other coaccused were not present there. She only had caught hold of his hair. The acts of the co-accused who appeared at the spot subsequent to the said incident, common intention cannot be attributed to the applicant. Applicant is a lady. Hence, application stands allowed in terms of interim order dated 10/10/2024.

(R. M. JOSHI, J.) ssp 967.aba1717.24.odt