Ravindra @ Ravi Shamrao More And Another v. The State Of Maharashtra
2024:BHC-AUG:28187
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 46 ANTICIPATORY BAIL APPLN. NO. 1971 OF 2024 1] Ravindra @ Ravi s/o. Shamrao More 2] Suresh Shamu @ Shamrao More .. APPLICANTS
VERSUS
The State of Maharashtra.
.. RESPONDENT ...
Advocate for the applicants : Mr.A.L.Kanade APP for Respondent-State : Mr.S.B.Pulkundwar ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 02.12.2024 P.C. :
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. 0263/2024, registered with Nizampur Police Station, Dhule, Taluka and District Dhule, for the offences punishable under Section 310 (1), 352, 189 (2), 191 (2), 191 (3), 190, 324 (5) & 49 of B.N.S. Act and under Section 37 (1) (3), 135 of the Mumbai Police Act. 3] The learned counsel for the applicants submits that the relatives of the applicant lodged Crime No.262 of 2024 on 20.09.2024, for the offences punishable under Sections 352, 351 (2), 351 (3), 3 (5), 115 (2) and 103 (1)
of B.N.S. and under Section 3 (2) (5) of the SC & S.T. Prevention of Atrocities Act against the relatives of the present informant. The learned counsel for the applicants further submits that to the counter blast to the above FIR, on the next day i.e. on 21.09.2024 the informant lodged the present FIR against the applicants. The learned counsel further submits that the allegations in the FIR pertains to the destruction of the properties and damaged to the vehicles. The learned counsel further submits that the police has recorded supplementary statement on 22.09.2024 and in the said supplementary statement, informant has stated that there is robbery of Rs.7,000/- from his shop. Exaggeration in the supplementary statement cannot be ruled out as such custodial interrogation of the applicant is not necessary.
4] In view of the above, the application is allowed in the following terms :
i] In the event the applicants are arrested in connection with Crime No. 0263/2024, registered with Nizampur Police Station, Dhule, Taluka and District Dhule, for the offences punishable under Section 310 (1), 352, 189 (2), 191 (2), 191 (3), 190, 324 (5) & 49 of B.N.S. Act and under Section 37 (1) (3), 135 of the Mumbai Police Act, 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 applicants shall attend the concerned police station as and when called by the investigating officer. iii] The applicants 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 applicants shall co-operate with the investigation and also in the proceedings before the trial Court.
5] In the event, the applicants violate any of the conditions specified in this order, it shall be liable to be cancelled.
6] 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.
7] The application stands disposed of.
[ARUN R. PEDNEKER] JUDGE DDC