Govind S/O Venkat Jevale v. The State Of Maharashtra And Others

2025:BHC-AUG:983

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1775 OF 2024 Govind S/o Venkat Jevale

VERSUS

The State Of Maharashtra And Others Mr. A. M. Buke and Mr. D. S. Bansude, Advocate for applicant (Through VC) Mr. D. B. Bhange, APP for respondent Nos. 1 to 3

CORAM

: R. M. JOSHI, J.

DATE : 09th January, 2025 PER COURT :- 1.

Applicant apprehends arrest in connection with Crime No. 0472 of 2024 registered with Omerga Police Station, Dist. Osmanabad for the offences punishable under Sections 326(g), 115(2), 352, 351(2), 351(3), 324(4), 324(5), 189(2), 191(2), 191(3) of the Bharatiya Nyaya Sanhita.

2.

First Information Report indicates that there are disputes between the parties and civil suit is also pending. It is alleged by the informant that on 04.08.2024 applicant along with co-accused came to the spot. It is further alleged that the accused abused informant and his mother. There is also allegation of assaulting informant and his mother with fist and kick blows. It is also stated that applicants burned the 922-ABA-1775-2024.odt

stubble.

3.

Learned counsel for the applicant submits that there are dispute between the parties and in said dispute, possibility of false implication is not ruled out. It is his submission that since no weapon is allegedly used in the said crime, nothing has to be seized at the instance of the accused and for this reason, their custodial interrogation is not necessary.

4.

Learned APP opposed the application on the ground of seriousness of crime in the First Information Report. It is thus stated that there are dispute between the parties.

5.

Existence of dispute is double edged weapon which may give rise to the commission of crime so also it may be instrumental for false implication. Considering the dispute between the parties and since this is not the case of custodial interrogation, liberty of the applicant is protected. As per the statement made before this Court, there is no criminal history of the applicant and he is not likely to flee from justice. 6.

Application stands allowed in terms of interim relief. (R. M. JOSHI, J.) bsj 922-ABA-1775-2024.odt