Anil Dilip Dhanraj v. The State Of Maharashtra
2023:BHC-AUG:26636 (1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD BAIL APPLICATION NO.2155 OF 2023 ANIL DILIP DHANRAJ VS THE STATE OF MAHARASHTRA ...
Mr. G. J. Karne, Advocate for the Applicant.
Mr. S. A. Gaikwad, APP for Respondents-State. ...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : 18th DECEMBER, 2023.
PER COURT:- 1.
The applicant seeks regular bail in connection with Crime No.322/2023 registered with Sillod Rural Police Station, Dist. Aurangabad for the offences punishable under Sections 307, 506 of the Indian Penal Code.
2.
The investigation was set in motion on the basis of the information given by one Santosh Maroti Suradkar, who alleges that he is engaged in labour work. He had some quarrel with the applicant/accused. It is alleged that on 05.11.2023, the accused came to spot holding wooden log in his hand and raised assault on the person of the informant. The informant suffered injury on his head and middle finger of the right hand. Informant further alleges that on the same day the accused inflicted injury to one Janardhan Magan Sapkal for which independent offences appears to have been registered. The applicant came to be arrested on 06.11.2023. Since then, he is behind the bar. His prayer for grant of bail has been rejected by the Court of Sessions vide order dated 24.11.2023.
3.
The learned Advocate appearing for the applicant would submit that the applicant has been falsely implicated in the aforesaid crime because of previous dispute. The investigation in
(2) the matter is practically over. The applicant is behind the bar for more than one month. There are no criminal antecedents to his discredit. Further detention of the applicant would not be necessary. Hence, he urges to release the applicant on bail. 4.
The learned APP strongly opposes the prayer for grant of bail. He would submit that the first informant suffered head injury as well as injury on his middle finger of right hand owing to assault by applicant. The release of the applicant may cause hurdle in the investigation.
5.
Having considered submissions advanced, it is apparent that there are allegations against the applicant that he caused head injury to the first informant by hitting wooden log. Similarly another injury is caused on middle finger. The investigation papers shows that the first informant initially given medical aid at Government Hospital at Sillod and thereafter he was brought to the Government Medical Hospital at Aurangabad and immediately discharged. The nature of the injuries appears to be non-grievous. The investigation papers shows that recovery of the incriminating articles is already made. The statement of relevant witnesses are recorded. The investigation is practically over. There are no criminal antecedents to discredit the applicant. In that view of the matter, further detention of the applicant is not necessary. Hence, case is made out for grant of bail subject to certain conditions. Hence, the following order:
ORDER
(i) Bail Application is allowed.
(ii) The applicant, Anil S/o Dilip Dhanraj be released on bail in Crime No.322/2023 registered with Sillod Rural Police Station, Dist. Aurangabad for the offences punishable under Sections 307,
(3) 506 of the Indian Penal Code on furnishing P.B. and S.B. of Rs.50,000/- (Rs.Fifty Thousand only) each on following condition: a.
The applicant shall not tamper with the prosecution evidence in any manner.
b.
The applicant shall visit concerned police station once in a week i.e. on every Friday between 10.00 am to 02.00 pm till filing of the charge-sheet.
c.
The applicant shall not enter village Anvi, Tq. Sillod, Dist. Aurangabad for the period of three months from the date of his release.
(iii) Application is disposed of.
(S. G. CHAPALGAONKAR) JUDGE Devendra/December-2023