Dilip Ramkisan Kakade And Others v. The State Of Maharashtra And Another

2024:BHC-AUG:27038

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 17 ANTICIPATORY BAIL APPLICATION NO. 1850 OF 2024 1] Dilip Ramkisan Kakade 2] Mahesh Dattu @ Dattatray Kakade 3] Dipak Vitthal Kakade 4] Amol @ Sonya Dilip Kakade .. APPLICANTS

VERSUS

The State of Maharashtra & another .. RESPONDENTS ...

Advocate for Applicant : Mr.R.R.Karpe APP for Respondent-State : Mr.B.A.Shinde Advocate for the informant : Mr.D.G.Nagode ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 18.11.2024 P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant is apprehending arrest in connection with Crime No. 0764/2024, registered at Newasa Police Station, District Ahmednagar, for the offences punishable under sections 118 (2), 118 (1), 189 (2), 191 (2), 191 (3), 190, 115 (2), 352, 351 (2), 351 (3) of Bharatiya Nyaya Sanhita, 2023.

3] The learned counsel for the applicants, on instructions, seeks leave to withdraw the application in respect of applicant no.1.

4] Leave granted. The Anticipatory Bail Application is dismissed as withdrawn to the extent of applicant no.1.

5] The informant has settled the dispute in respect of applicant nos. 2, 3 and 4. One of the injury is grievous in nature and other injury is simple in nature.

6] Considering that only one injury is grievous at the instance of accused no.1 and the injured / informant having settled the dispute in respect of applicant nos.2, 3 and 4 , the application is allowed in the following terms : i] In the event the applicant nos.2, 3 and 4 are arrested in connection with Crime No. 0764/2024, registered at Newasa Police Station, District Ahmednagar, for the offences punishable under sections 118 (2), 118 (1), 189 (2), 191 (2), 191 (3), 190, 115 (2), 352, 351 (2), 351 (3) of Bharatiya Nyaya Sanhita, 2023, they shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

ii] The applicant nos.2, 3 and 4 shall attend the police station as and when called by the Investigating Officer.

iii] The applicant nos. 2, 3 and 4 shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case.

iv] The applicant nos.2, 3 and 4 shall co-operate with the investigation and also in the proceedings before the trial Court.

6] In the event, the applicant nos.2, 3 and 4 violate any of the conditions specified in this order, it shall be liable to be cancelled.

7] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

8] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE DDC