Narayan Vitthal Jadhav And Others v. The State Of Maharashtra And Another
2024:BHC-AUG:29045 1 901
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 901 ANTICIPATORY BAIL APPLICATION NO. 1958 OF 2024 1.
Narayan Vitthal Jadhav 2.
Ganpat Kisan Jadhav 3.
Parvati Vitthal Jadhav 4.
Kailas @ Mukkya Vitthal Jadhav 5.
Seeta Gnyaneshwar Jadhav 6.
Renuka @ Rani Narayan Jadhav 7.
Gnyaneshwar Vitthal Jadhav 8.
Seetabai Ramnath Jadhav 9.
Vijay Ramnath Jadhav .. Applicants
VERSUS
.
The State of Maharashtra and another .. Respondents ...
Advocate for Applicant :
Mr. Rohit Patwardhan a/w. Mr. Chudiwal Niraj Pradeep APP for Respondent/State: Mr. B. B. Bhise ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 10th DECEMBER, 2024 PER COURT:
1] Heard learned counsel for the applicants and the learned APP for the respondent-State.
2] The applicants are apprehending arrest in connection with Crime No.427/2024, registered at Ambad Police Station, District Jalna, for the offences punishable under Sections 74, 118 (2), 118(1), 115(2), 189(2), 191(2), 191(3), 190, 352, 351(2), 49 of BNS, 2023.
2 901 3] The learned counsel withdraws the application qua applicants no.1, 2 and 9.
4] The case of the prosecution is that on 20.09.2024, at about 11:30 to 12:30 when the informant and his family members were on the field for cultivating the agricultural land / field, the applicants and other co-accused assaulted the informant and the family members by means of iron rod on the head. However, the main allegation is against applicants no.1, 2 and 9. As regards applicants no. 3 to 8 are concerned, the assault is by fist and blows. They are neighbours also. There are also various other proceedings pending between the parties, particularly, on account of property dispute / boundary dispute as regards the agricultural land is concerned.
5] Considering the same, over implication cannot be ruled out. In view of the same, applicants no.3 to 8 are granted anticipatory bail. That, in respect of applicant no.8, there are 2 criminal antecedents pending, however, they are also between the same parties. So also, applicant no.8 has also registered FIR against the informant and the others. Considering the same, that applicant no.8 being a lady and also that other FIRs are between the same parties and the role of applicant no.8 is similar to that of applicants no.3 to 7, anticipatory bail is granted to applicants no.3 to 8.
6] In view of the above, the application is allowed to the extent of applicants no.3 to 8 in the following terms :
3 901 i] In the event Applicants No.3, 4, 5, 6, 7 & 8 are arrested in connection with Crime No.427/2024, registered at Ambad Police Station, District Jalna, for the offences punishable under Sections 74, 118(2), 118(1), 115(2), 189(2), 191(2), 191(3), 190, 352, 351(2), 49 of BNS, 2023, they shall be released on bail on furnishing PR bond of Rs.15,000/- each with one or two sureties in the like amount to the satisfaction of the trial Court. ii] Applicants No.3, 4, 5, 6, 7 & 8 shall attend the police station as and when required by the Investigating Officer. iii] Applicants No.3, 4, 5, 6, 7 & 8 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] Applicants No.3, 4, 5, 6, 7 & 8 shall co-operate with the investigation and also in the proceedings before the trial Court. 7] In the event, Applicants No.3, 4, 5, 6, 7 & 8 violates any of the conditions specified in this order, it shall be liable to be cancelled. 8] 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. 9] The application stands disposed of.
[ARUN R. PEDNEKER, J.] marathe