Atul Vishwanath Mali v. The State Of Maharashtra

2025:BHC-AUG:28

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 17 ANTICIPATORY BAIL APPLN. NO. 2127 OF 2024 ATUL VISHWANATH MALI

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Adv.S.A.Kulkarni h/f. Adv.Nitin Salunkhe APP for Respondent-State : Mr.Ruchir S. Wani ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 02.01.2025 P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant is apprehending arrest in connection with Crime No. 125/2024, registered at Bodwad Police Station, District Jalgaon, for the offences punishable under sections 326, 323, 504, 143, 147, 148 and 149 of the IPC.

3] As per the First Information Report, there is dispute between the present applicant and the informant about certain amount, which was borrowed by the applicant from the informant and the applicant was not able to return the said amount, which was asked by the informant. It appears that in the fight between both the parties, they

caused some simple injuries to one another. The co-accused in the cross FIR is granted anticipatory bail. 4] This Court, by order dated 17.12.2024, has directed the learned APP to verify the injury certificate of Dnyaneshwar, the son of the informant. The learned APP has produced the injury certificates. As per the injury certificates, the injuries caused to the injured are simple in nature. The learned APP submits that the injuries caused to the injured are simple in nature but the same are on the vital part of the injured.

5] Considering that there is dispute between neighbours. The injuries caused to the injured are simple in nature and the cross FIR is also registered for the same incident. Even the applicant has received some injuries in the fight. In view of the above, the application is allowed in the following terms :

i] In the event the applicant is arrested in connection with Crime No.125/2024, registered at Bodwad Police Station, District Jalgaon, for the offences punishable under sections 326, 323, 504, 143, 147, 148 and 149 of the IPC, he shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

ii] The applicant shall attend the concerned police station as and when required by the investigating officer.

iii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

iv] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

6] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

7] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

8] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE DDC