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Bombay High CourtABA/1746/2022application allowed

Abhishek Bhagwan Shinde And Others v. The State Of Maharashtra And Others

2023-01-10Hon'Ble Shri Justice N. B. Suryawanshi2 pages

{1} aba1746-22.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1746 OF 2022 Abhishek Bhagwan Shinde and Others APPLICANTS

VERSUS

The State of Maharashtra and Others RESPONDENTS .......

Mr. D. R. Adhav, Advocate for the applicants Mr. V. S. Badakh, APP for respondent - State .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 10 th JANUARY, 2023 ORDER :

1.

The applicants apprehend their arrest in Crime No.374 of 2022 registered with Ashti Police Station, District - Beed for offence punishable under sections 498A, 323, 504, 506, 34 of the Indian Penal Code.

2.

FIR is lodged by wife of applicant No.1 alleging that the applicants being her in laws, caused mental and physical harassment to her.

3.

Heard learned advocate for the applicants and the learned Additional Public Prosecutor for the State. Perused the papers of investigation.

{2} aba1746-22.doc 4.

There is delay of four months in lodging the FIR. Vague and general allegations are made against the applicants. Charge sheet is filed in the present crime on 2nd January, 2023 and the case is numbered as RCC No. 3 of 2023.

5.

In the light of above and considering the ratio in Arnesh Kumar V/s State of Bihar" 2014 (8) SCC 273, the applicants deserve protection.

6.

In the result, the application is allowed by confirming the interim order. The applicants shall not tamper prosecution evidence.

[NITIN B. SURYAWANSHI] JUDGE drp/aba1746-22.doc