Dadarao Damodhar More And Others v. The State Of Maharashtra And Another
2025:BHC-AUG:36542 ..1..
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 25 CRIMINAL APPEAL NO. 803 OF 2025 1.
Dadarao Damodhar More, Age : 35 years, Occ : Agri., R/o : Kari, Tq. Dharur, District : Beed.
2.
Vishnu Damodhar More, Age : 37 years, Occ : Agri., R/o : Kari, Tq. Dharur, District : Beed.
3.
Krishna Damodhar More, Age : 28 years, Occ : Agri., R/o : Kari, Tq. Dharur, District : Beed.
...APPELLANTS.
VERSUS
1.
The State of Maharashtra Through its Police Inspector, Dindrud Police Station, Tq.:Dharur, District Beed.
2.
A B C, R/o Kari, Tq. Dharur, District Beed.
...RESPONDENTS ...
Advocate for Appellants : Mr. Jadhavar Shivprasad G., APP for Respondent No.1/State : Mr. V. M.Lomte Advocate for Respondent No.2 : Mr. M. B. Sandanshiv h/f. Mr. Subhash S Nade ...
CORAM : SUSHIL M. GHODESWAR J., DATE : 15.12.2025
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PER COURT :
1.
Heard learned counsel for the appellants, the learned APP for the respondent-State and learned counsel for respondent No.2. 2.
When this Court disclosed its intention not to grant anticipatory bail to appellant No.1 -Dadarao and appellant No. 3 -Krishna, the learned counsel for the appellant at the outset sought permission to withdraw the appeal qua appellant Nos. 1 and 3. Accordingly, the appeal is dismissed as withdrawn to the extent of appellant Nos. 1 and 3.
3.
As regards the role attributed to appellant No.2, the learned APP gets the investigation papers disclosed that he is having less incriminating role as compared to Dadarao and Krishna. The injury certificate is pertaining to the Harshada and Usha, Usha and Harshada disclosed that Vishnu is not the author of the said injuries. Vishnu has been granted ad interim relief by this Court vide order dated 20.10.2025. The investigation is in progress. However, since there is no incriminating material against the appellant No.2 -Vishnu, his case for grant of bail can be considered positively. Hence, following order :-
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O R D E R
a) Appeal is dismissed as withdrawn against appellant Nos. 1 and 3. b) The Criminal Appeal stands partly allowed to the extent of appellant No.2.
c) The impugned order dated 18.10.2025 passed by the learned Additional Sessions Judge, Kaij in Criminal Bail Application No.264/2025 to the extent of accused Vishnu (Appellant No.2), is quashed and set aside.
d) In the event of arrest of the appellant No.2-Vishnu Damodhar More in connection with Crime bearing FIR No. 254/2025 registered on 08.10.2025 with Dindrud Police Station, District Beed for the offences punishable under Sections 109(1), 118(1), 115(2), 351(2), 352, 189, 190, 191(2) of the Bhartiya Nyaya Sanhita Act, 2023 and offence under Sections 3(1)(r), 3(1)(s), 3(2),(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, he shall be released on furnishing PR bond of Rs. 25,000/-(Rupees Twenty Five Thousand only) with one solvent surety/security in the like amount.
e) The appellant No.2 shall attend the concerned police station as and when called by the investigating officer.
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f) The appellant No.2 shall not try to contact or pressurize the witnesses or the informant, in any manner whatsoever. g) The appellant No.2 shall not enter village Kari, Taluka Dharur District Beed, till the filing of the charge-sheet and he shall give his residential address to the concerned Investigating Officer. ( SUSHIL M. GHODESWAR ) JUDGE shp