Raju Bhagvan Sonone v. The State Of Maharashtra And Another

{1} aba1495-22 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1495 OF 2022 Raju Bhagvan Sonone APPLICANT

VERSUS

The State of Maharashtra and Another RESPONDENTS .......

Mr. Abhaysinh K. Bhosle, Advocate for the applicant Mrs. P. V. Diggikar, APP for respondent - State .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 24 th NOVEMBER, 2022 ORDER :

1.

The applicant apprehends arrest in connection with Crime No. 285 of 2022 registered with Paradh Police Station, District - Jalna for the offence punishable under section 294, 307, 504, 506 read with 34 of the Indian Penal Code.

2.

The FIR is lodged against 3 accused persons, including the applicant. The applicant, who is the Deputy Sarpach of village Anwa, Taluka - Bhokardan, has allegedly inflicted injury on the head of the informant, by stone.

3.

Heard learned advocate for the applicant and the learned Additional Public Prosecutor. Perused the papers of investigation.

{2} aba1495-22 4.

From the papers of the investigation it is clear that the applicant inflicted blow with stone on the head of the informant. The injury certificate shows laceration on the head, which is simple injury caused with blunt and hard object. The stone, allegedly used in the offence, is already recovered from the spot. Prima facie, ingredients of section 307 of the Indian Penal Code are not made out in the facts of the present case. The investigation appears to be almost complete. Custodial detention and / or interrogation of the applicant, therefore, is not necessary.

5.

In that view of the matter, the application is allowed by confirming interim order dated 3rd November, 2022. Till filing of the charge sheet, the applicant shall not enter village Anwapada and shall attend the concerned police station as and when called by the Investigating Officer. The applicant shall not tamper prosecution evidence.

[NITIN B. SURYAWANSHI] JUDGE drp/aba1495-22