Mira Nagnath Lande v. The State Of Maharashtra

2024:BHC-AUG:5323 940-ABA-1647-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1647 OF 2023 Mira Nagnath Lande ... Applicant

VERSUS

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

Mr. Karan L. Tupe, Advocate for Applicant Mr. S.P. Sonpawale, APP for Respondent - State ......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 12th MARCH, 2024 ORDER :

1.

Applicant apprehends arrest in C.R. No.39 of 2023 registered with Ambad Police Station, District Jalna for offences punishable under sections 328, 307, 323 read with section 34 of the Indian Penal Code and section 3 of the Maharashtra Prevention and Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practices and Black Magic Act, 2013.

2.

FIR is lodged by Paras Raghunath Gangle alleging that on 15.03.2023, he had been to house of accused Nagnath as per his instructions to collect his due amount of Rs.50,000/-. On that day, accused Nagnath arranged one black magician and he has started Aghori practice with the help of pins, lemons, doll etc. on informant. He prevented them from doing so. Accused assaulted him and and accused S.P. Rane

940-ABA-1647-23 Meera administered poison to him. When he shouted, witnesses gathered there, they saved informant. 3.

Heard learned advocate for applicant and learned APP for respondent-State. Perused the charge-sheet. 4.

Accused no.1 in the present crime was arrested and poison allegedly administered to informant is recovered from him. Accused no.2 Manisha and accused no.3 Dipak granted anticipatory bail by the Sessions Court. Charge-sheet in the present matter is filed on 13.05.2023.

5.

Learned APP submits that since the date of registration of FIR i.e. 18.01.2023, applicant is absconding, and therefore, he is not entitled for discretionary relief of anticipatory bail.

6.

Perusal of charge-sheet reveals that CA report is negative. Since charge-sheet is filed and nothing is to be recovered from applicant and taking into consideration her gender, pre-trial custodial detention of applicant is not necessary.

7.

Application is therefore allowed by confirming interim protection granted to applicant by order dated 11.10.2023. [ NITIN B. SURYAWANSHI ] JUDGE S.P. Rane