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Bombay High CourtABA/2144/2024disposed off

Ramnath Bajirao Rakshe And Another v. The State Of Maharashtra And Another

2025-02-14Hon'Ble Shri Justice Arun R. Pedneker4 pages

2025:BHC-AUG:4407

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 945 ANTICIPATORY BAIL APPLN. NO. 2102 OF 2024 TRIMBAK KACHRU AVSARE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Ms. Rajashree C. Sawale h/f. Mr.Rahul P. Dhase APP for Respondent-State : Mr.A.A.A.Khan Advocate for Assist to P.P. : Mr.Y.R.Shinde ...

WITH ANTICIPATORY BAIL APPLN. NO. 2144 OF 2024 ...

1] RAMNATH S/O. BAJIRAO RAKSHE 2] BALU S/O. RAMNATH RAKSHE

VERSUS

THE STATE OF MAHARASHTRA & ANOTHER ...

Advocate for Applicants : Mr.Y.R.Shinde APP for Respondent-State : Mr.A.A.A.Khan ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 14.02.2025 P.C. :

1] Heard learned counsel Ms. Rajashree C. Sawale for the applicant, the learned APP for the respondent-State and the learned counsel Mr.Y.R.Shinde for the Assist to P.P.

2] The applicants are apprehending arrest in connection with Crime No. 228/2024, dated 11.08.2024, registered with Chaklamba Police Station, District Beed, for the offences punishable under sections 109, 117(2), 115(2), 189(2), 191(2), 191(3), 190, 352, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 in ABA/2102/2024 & the applicants have approached this Court apprehending arrest in connection with Crime No.0224/2024, dated 08.08.2024, registered with Chaklamba Police Station, District Beed, for the offences punishable under sections 118(2), 118(1), 115(2), 189(2), 191(2), 191(3), 190, 352, 351(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023 in ABA/2144/2024.

3] This Court, by order dated 03.01.2025, has granted interim protection in favour of the applicants for the reasons stated in para no.4, as noted below : 4] It is contended that there was fight between 2 neighbours / parties. Both the parties have suffered injuries. It is difficult to ascertain who is responsible for the same. Considering that they are neighbours and they have expressed their willingness to settle their boundary dispute through mediation, the court will grant interim anticipatory bail to the applicants till the next date.

4] Considering that this is a fight between two groups in respect of boundary dispute. In view of the same, interim protection granted by order dated 03.01.2025 stands confirmed, in the following terms :

i] The applicants in both applicants shall attend the concerned police station as and when required by the investigating officer.

ii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case.

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

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

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

7] The applications stand disposed of.

[ARUN R. PEDNEKER] JUDGE DDC