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Bombay High CourtABA/1857/2024application allowed

Vikas Bansi Maswale And Others v. The State Of Maharashtra And Another

2025-01-09Hon'Ble Shri Justice R. M. Joshi2 pages

2025:BHC-AUG:762

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1857 OF 2024 Vikas Bansi Maswale And Others

VERSUS

The State Of Maharashtra And Another Mr. R. G. Hange, Advocate for applicant Mr. B. S. Shinde, APP for respondent/State

CORAM

: R. M. JOSHI, J.

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

Applicants apprehend arrest in connection with Crime No. 437/2024 with Shivaji Nagar Police Station, Dist. Beed, for the offences punishable Under Sec. 118(1)(2), 352, 351(2)(3), 115(2) r/w. 3(5) of B. N. S. 2023.

2.

First Information Report indicates that incident had occurred on 09.09.2024 at around 11:30 A.M. in the premises of Panchayat Samiti. Informant alleged that in the said incident, he was abused and assaulted with iron rod.

3.

Learned counsel for the applicants submits that in respect of the same incident, cross complaint came to be lodged. It is his submission that the informant and co-accused in the cross complaint are granted anticipatory bail. It is his submission that relying upon the same 929-ABA-1857-2024.odt

CCTV footage, they secured protection. It is his contention referring to the said footage that there was no use of any weapon and hence question of recovery does not arise.

4.

Learned APP oppose the application by citing seriousness of the crime.

5.

There is however no dispute about the fact that in the said incident, use of weapons is not seen.

6.

In view of the above, there is no need of custodial interrogation of the applicants. Applicants have no criminal history as per the statement made by the learned counsel for the applicants. 7.

Application is allowed in terms of interim order. (R. M. JOSHI, J.) bsj 929-ABA-1857-2024.odt