Nitin Babasaheb Nisarge v. The State Of Maharashtra

2023:BHC-AUG:25502 956.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1633 OF 2023 Nitin Babasaheb Nisarge ....Applicant

VERSUS

The State Of Maharashtra .....Respondent ...

Mr. A. K. Bhosle, Advocate for the Applicant. Mr. N. B. Patil, APP, for the Respondent - State. ...

CORAM:R.M. JOSHI, J DATE :DECEMBER 05, 2023 PER COURT :

1.

Applicant apprehends arrest in connection with with C.R. No. 256 of 2023 registered with Pachod Police Station, Dist. Aurangabad for the offences punishable under Sections 376-D, 506 read with Section 34 of the Indian Penal Code.

2.

Learned Counsel for the Applicant submits that similarly placed co-accused have been granted anticipatory bail by this Court by order dated 11th September, 2023 in ABA/1105/2023. According to him, on parity, liberty of the Applicant be protected. 3.

Learned APP opposed the application.

956.odt 4.

When specific query is made to learned APP as to whether the order passed in ABA/1105/2023 is challenged, he is unable to make any specific statement for want of instructions in this regard.

5.

The allegations in the FIR against present Applicant are exactly same as against Applicant in ABA/ 1105/2023. In view of this, there is no reason for this Court to deny parity. Hence, application is allowed by confirming interim order dated 18th October, 2023. (R. M. JOSHI, J.) Malani