Ravi Chandrakant Kolhe v. The State Of Maharashtra

2024:BHC-AUG:4563 {1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1840 OF 2023 Ravi Chandrakant Kolhe ...Applicant

VERSUS

The State of Maharashtra

...Respondent

.....

Mr. Manpreeet Ajeet Singh Granthi, Advocate for Applicant. Mr. S.V. Hange, APP for Respondent.

.......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 1 st MARCH, 2024 ORDER :

1.

Applicant apprehends arrest in C.R. No. 236/2023, registered with Vimantal Police Station, Nanded, for offences punishable under sections 364, 324, 323, 504 r/w. 34 of the Indian Penal Code.

2.

FIR is lodged by Satyajeet Jamdade, Auto Rickshaw driver, alleging that on 08.07.2023 at about 7.00 pm, when he was waiting at Aasna bridge, Satish Panchure, Ravi Kolhe (applicant), Nitu Jondhale and Shubham Jandhale came in one car and asked informant to return their money. Informant told them that he has returned their money. Then they forced him to board a car and assaulted him with sword handle on neck and

{2} head. Thereafter, he was taken to agricultural field and there he was assaulted by fists and kick blows, handle of sword, and stick. He was again taken to some different place and there also he was beaten. Then he threatened him that he will be killed. Then he was left at Raj corner.

3.

Heard the learned advocate for applicant and learned APP for respondent-State. Perused the investigation papers. 4.

Applicant claims that he runs a Auto Tyre Shop namely "Mahakal Auto Tyres" at Chaitanya Nagar, Nanded, which is registered under Shop Act and he is innocent and he is falsely implicated in the present crime only because he is friend of Nitu Jondhale.

5.

Perusal of FIR and investigation papers reveal that omnibus allegations are levelled against four accused persons and it is not clear as to who amongst four accused persons assaulted with handle of sword and who assaulted with stick, fists and kick blows. Accused Shubham is arrested and he is released on bail. Applicant appears to be running business of selling auto tyres and if arrested, applicant's image will be tarnished in the society. He is not likely to abscond, if released on bail.

{3} 6.

In the result, application is allowed by confirming the interim protection order dated 7th November, 2023. 7.

Till filing of charge sheet, applicant shall attend the concerned police station, as and when called by investigating officer and shall co-operate in the investigation. Applicant shall not tamper the prosecution evidence.

8.

It is made clear that aforesaid observations are prima facie in nature and Trial Court shall not be influenced by the said observations at the time of deciding the trial. [NITIN B. SURYAWANSHI, J.]