Prakash Bhagwan Yadav v. Narmada W/O Gokul Yadav And Others
2025:BHC-AUG:363
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1653 OF 2024 WITH CRIMINAL APPLICATION NO. 4258 OF 2024 IN ABA/1653/2024
1. Narmada W/o Gokul Yadav
2. Gokul S/o Devidas Yadav
3. Anil @ Gajya S/o Angad Chikne
VERSUS
The State Of Maharashtra *** • Mr. A. K. Gawali, Advocate for the Applicants • Mr. D. B. Bhanage, APP for the Respondent/State • Mr. S. R. Shirsat, Advocate for the Informant *** CORAM : R.M. JOSHI, J DATE : JANUARY 07, 2025 PER COURT :
1.
At the outset, learned Counsel for Informant seeks leave to assist APP.
2.
Having regard to the nature of offence, he is permitted to assist APP. Criminal Application no. 4258 of 2024 stands disposed of.
3.
After hearing learned Counsels for both sides and when this Court has shown disinclination to grant relief to Applicant Nos. 2 and 3, learned Counsel for these Applicants, on instructions, seeks withdrawal of Application to their extent.
4.
Application is dismissed as withdrawn qua Applicant Nos. 2 and 3.
5.
Applicant No. 1 Narmada Gokul Yadav apprehends arrest in connection with with C.R. No. 258/2024 registered with Talwada Police Station, Dist. Beed for the offences punishable under Sections 109, 118(2), 118(1), 189(2), 191(2), 191(3), 190, 115, 362, 351(2), 351(3) of the Bharatiya Nyaya Sanhita and Section 135 of the Maharashtra Police Act.
6.
The first information report indicates that the incident had occurred on 02.08.2024 in which informant and witnesses were assaulted by the Applicants and co-accused with axe, stick, etc. In the said incident, fracture injuries were caused to them. It is stated in the FIR that informant became unconscious and only after regaining consciousness on 04.08.2024, report could be lodged.
7.
Learned Counsel for the Applicants submit that Applicant is a lady with no criminal history behind her. He also contends that there are disputes between the parties and owing to the same, possibility of
false/over implication is not ruled out.
8.
Learned APP and learned Counsel for Informant opposed the application on the ground that number of grievous injuries are caused in the said incident which indicates that this is not a false case or over implication.
9.
From the FIR it is seen that the parties are at loggerhead. There exists some possibility of over implication. Applicant is lady with no criminal history. Only on this ground with direction that Applicant to cooperate in the investigation for the purpose of recovery, if any, application is allowed. In the result, application stands allowed qua Applicant No. 1 - Narmada Gokul Yadav by confirming interim order dated 03.10.2024.
(R.M. JOSHI, J.)