Ananda S/O Atmaram Bhalerao v. The State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.6844 OF 2015 Ananda s/o Atmaram Bhalerao, Age: 65 years, Occ: Agri., R/o. Savana, Tq. Sengaon, District Hingoli.

...Applicant versus The State of Maharashtra Through its Police Station Goregaon, Tq. Sengaon, Dist. Hingoli.

...Respondent

.....

Mr. S.K. Chavan, Advocate for applicant Mr. S.M. Ganachari, A.P.P. for respondent .....

CORAM : N.W. SAMBRE, J.

DATE : 7th JANUARY, 2016 ORAL ORDER :

The applicant is seeking pre-arrest bail in Crime No. 107 of 2015 for the alleged incident dated 23/10/2015, registered with Goregaon Police Station, Taluka Sengaon, District Hingoli, for the offence punishable under Sections 302, 498-A, 323, 504, 506, read with Section 34 of Indian Penal Code.

2.

Learned Counsel for the applicant would urge that the complainant's daughter was married to Sachin and applicant is son of paternal aunt of Sachin.

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It is the case of prosecution that the applicant has named in the F.I.R.

4.

Learned Counsel for the applicant, in the above background, would urge that but for presence of the applicant as is mentioned in the F.I.R. there is no involvement of the applicant in the commission of crime in question. According to him, no role is attributed to the applicant in the commission of crime in question and there are sweeping allegations against the applicant. 5.

Learned A.P.P. would urge that there is prima facie case against the present applicant, particularly in the background of invoking provisions of Section 34 of Indian Penal Code and the applicant is not entitled for bail.

6.

Perused the investigation papers. There is hardly any material so as to demonstrate that there is involvement of applicant in the commission of crime in question. It is to be noted that there are sweeping allegations against the applicant and no specific role is attributed to him in commission of crime in question. 7.

In the light above, it will be appropriate, in my opinion, to

-3grant protection to the applicant. Hence, following order:- : O R D E R :

(i) In the event of arrest, the applicant be released on bail, in connection with Crime No.107 of 2015 registered with Goregaon Police Station, Taluka Sengaon, District Hingoli for the offence punishable under Sections 302, 498-A, 323, 504, 506 read with Section 34 of Indian Penal Code, on executing P.R. bond of Rs.25,000/- with one surety in the like amount. (ii) The applicant shall attend the concerned police station daily on 18th and 19th January, 2016 between 10-00 a.m. 12-00 noon and thereafter as and when called by the Investigating Officer.

(iii) Till filing of the charge sheet, the applicant shall keep himself away from the jurisdiction of the concerned police station but for the attendance. 8.

The application is allowed in above terms.

[ N.W. SAMBRE, J. ] Tupe/07.01.2016