Bhika Mariba Kanade And Others v. The State Of Maharashtra

2023:BHC-AUG:25946 940-ABA-1746-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1746 OF 2023 Bhika Mariba Kanade and Others ...Applicants

Versus

The State of Maharashtra

...Respondent

...

Mr. A. L. Kanade, Advocate for the Applicants. Mr. N. B. Patil, APP, for the Respondent - State. ...

CORAM:R.M. JOSHI, J DATE :DECEMBER 12, 2023 PER COURT :

1.

Applicants apprehend arrest in connection with with C.R. No. 173 of 2023 registered with Pimpalner Police Station, Dist. Beed for the offences punishable under Sections 307, 323, 324, 326, 504 read with Section 34 of the Indian Penal Code.

2.

First informant Akrul reported incident occurred on 12.08.2023 at around 09.00 pm in which he claims that he was assaulted by Applicants with iron rod. He claims that they tried to kill him. He further claims that he sustained fracture injury on left hand. 3.

Learned Counsel for the Applicants submit that in respect of said incident one of the Applicant had

940-ABA-1746-2023.odt lodged report which is first in time. It is submitted that present report is by way of counter blast. He drew attention of the Court to the no objection recorded by Applicant for grant of anticipatory bail to the informant in Crime No. 171/2023 registered by Applicant No. 1 against informant. Photocopy of the said order confirms this fact.

4.

Though learned APP opposed the application, however, perusal of the injury certificate indicates that no grievous hurt was caused to the informant as such, offence against present Applicants cannot travel beyond Section 324 of IPC.

5.

Having regard to the facts and circumstances of the case and more particularly no objection recorded by Applicant No. 1 for grant of anticipatory bail to the informant, Application stands allowed by confirming order dated 06th November, 2023.

(R. M. JOSHI, J.) Malani