Anandibai Rambhaji Lihinar And Another v. The State Of Maharashtra

2023:BHC-AUG:25099

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1803 OF 2023 ANANDIBAI RAMBHAJI LIHINAR AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA Mr. Mayur Subhedar, Advocate h/f Mr. C. V. Dharurkar, Advocate for the applicants Mr. S. B. Jadhav, APP for the respondent/State

CORAM

: R. M. JOSHI, J.

DATE : 7th DECEMBER, 2023 P.C. :- 1.

Applicants apprehend arrest in connection with 314/2023 registered with Mukundwadi Police Station, Dist. Aurangabad for the offences punishable under Sections 307, 324, 323, 504 r/w 34 of IPC. 2.

First informant Deepali reported incident occurred on 23/07/2023 in which she was assaulted by the applicants and co-accused. The allegation against the present applicants is that they threw chilli powder and facilitated other accused to cause assault on the informant. 3.

Learned counsel for the applicants states that there are disputes between the parties and as such the possibility of false implication is not ruled out. It is also sought on the ground that the applicants are 946.aba1803.23.odt

females.

4.

Learned APP opposed the application by relying upon the statements of informant, witnesses and injury certificates. 5.

Perusal of the first information report itself shows that there are disputes between the parties. As far as present applicants are concerned, it is alleged that they threw chilli powder on the informant and witnesses. Perusal of the investigation papers do not show that any chilli powder was found either at the spot on the person/ clothes of the injured or in the eye of the injured. It shows that this could be a possible case of over implication. Applicants are females. There are no criminal history against them. Hence, application is allowed in terms of interim order dated 2nd November, 2023.

(R. M. JOSHI, J.) ssp 946.aba1803.23.odt