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Bombay High CourtAPPLN/4999/2024application allowed

Ramnath Bajirao Rakshe v. Trimbak Kachru Avsare And Another

2025-01-03Hon'Ble Shri Justice Arun R. Pedneker4 pages

1 914

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 ANTICIPATORY BAIL APPLICATION NO. 2102 OF 2024 TRIMBAK KACHRU AVSARE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Dhase Rahul P.

APP for Respondent/State: Mr. A. A. A. Khan ...

WITH ANTICIPATORY BAIL APPLICATION NO. 2144 OF 2024

1. RAMNATH BAJIRAO RAKSHE

2. BALU RAMNATH RAKSHE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Shinde Yogesh Rajendra APP for Respondent/State: Mr. A. A. A. Khan ...

WITH CRIMINAL APPLICATION NO. 4999 OF 2024 IN ABA/2102/2024 RAMNATH BAJIRAO RAKSHE

VERSUS

TRIMBAK KACHRU AVSARE AND ANOTHER ...

Advocate for Applicant : Mr. Shinde Yogesh Rajendra APP for Respondent/State: Mr. A. A. A. Khan ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 03rd JANUARY, 2025

2 914 PER COURT:

1] Criminal Application No.4999 of 2024 is partly allowed to the extent of assist to Public Prosecutor.

2] Heard learned counsel for the applicants and the learned APP for the respondent-State.

3] The applicant has approached this Court 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. 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.

3 914 5] In the meanwhile, there shall be interim order in the following terms :- A] Till the next date, in the event the applicants are arrested 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 & 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, they shall be released on bail on furnishing PR bond of Rs.15,000/- each with one or two sureties in the like amount.

B] The applicants shall remain present before the investigating officer as and when required by the investigating officer.

C] The applicants shall co-operate with the investigation, including producing all documents in their possession, as may be demanded by the investigating officer.

D] The applicants shall not influence the informant, witnesses or any person concerned with the case and they shall not tamper with the evidence.

4 914 6] Needless to say, violation of any of the aforesaid conditions may result in this order being cancelled.

7] The parties are referred to mediation before the High Court Mediation Centre at Aurangabad. The parties to appear before the High Court Mediation Centre at Aurangabad on 09.01.2025. The High Court Mediation Centre at Aurangabad to appoint the Mediator in the matter and the report be submitted within two (02) weeks thereafter.

8] List on 24.01.2025.

[ARUN R. PEDNEKER, J.] marathe