Suresh @ Suraj Sarjerao Gaikwad v. The State Of Maharashtra And Another
1 931-ABA-1721-22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1721 OF 2022 SURESH @ SURAJ SARJERAO GAIKWAD
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Mr. Angad L. Kanade, Advocate for Applicant Mr. S. W. Munde, APP for Respondents - State ...
CORAM : NITIN B. SURYAWANSHI, J.
DATE : 11th JANUARY, 2023 PER COURT :
1.
Applicant apprehends arrest in Crime No.137/2021, registered with Dharur Police Station, Beed, for offence punishable under Section 395 of the Indian Penal Code.
2.
FIR is lodged by the informant alleging that on 24/06/2021, at about 10:00 to 10:30 p.m. nine accused persons including the present applicant, came at the residence of informant carrying sticks, sickle and axe. Accused Nos. 1 and 2 pulled her by holding her hair. Other accused persons assaulted her brother-inlaw with kick and fist blows. Applicant assaulted one Meera by kick and fist blows. Accused Nos. 1 and 2 by giving threats of sickle, snatched gold ornaments of informant. Other accused persons snatched the necklace of Meera.
3.
Heard learned advocate for applicant and learned SVH
2 931-ABA-1721-22.odt Additional Public Prosecutor for State. Perused the investigation papers.
4.
Seven accused persons, including the main accused Nos. 1 and 2, are granted anticipatory bail by this Court vide order dated 18/08/2021. There are no allegations of snatching of gold ornaments against applicant. Nothing is to be recovered from applicant. After completion of investigation, charge-sheet is filed in the present crime on 30/12/2021 and the case is numbered as R.C.C. No.05/2022. Pre-trial custodial detention of the applicant is not warranted in the facts of the present case. 5.
Application is, therefore, allowed by confirming interim order dated 20/12/2022. Applicant shall attend concerned police station as and when called by investigating officer. Applicant shall not tamper prosecution evidence.
(NITIN B. SURYAWANSHI, J.) SVH