Pritam Sandip Jawale And Others v. The State Of Maharashtra

2025:BHC-AUG:1178 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD BAIL APPLICATION NO.2401 OF 2024

1. Pritam S/o Sandip Jawale Age: 20 years, Occu.: Education

2. Ravindra S/o Waman Jawale, Age: 30 yeard, Occu.: Labour

3. Milind S/o Waman Jawale, Age: 35 years, Occu.: Labour

4. Arun S/o Girdhar Jawale Age : 49 years, Occu.: Labour R/o. At village Dui, Tq. Muktainagar, District Jalgaon ... Applicants

Versus

1. The State of Maharashtra ... Respondent ......

Mr. Rupesh A. Jaiswal, Advocate for Applicants Mr. S.B. Narwade, APP for Respondent - State ......

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 14 JANUARY 2025 PRONOUNCED ON : 16 JANUARY 2025 ORDER :

1.

All applicants seek their enlargement on bail in in Crime No.0430 of 2024 registered at Muktainagar Police Station, District Jalgaon for offences punishable under Sections 109, 118, 115(2), 189(2), 191(2), 190, 191(3), 333 and 352 of the Bhartiya Nyaya Sanhita (BNS).

-22.

Learned Counsel for applicant pointed our that applicants are arrested on 13.12.2024 i.e. next day of occurrence. As regards the present applicants are concerned, he pointed out that, apparently there are allegations of beating by fists blows. That, only allegation against non applicant Shekhar Jawale, who assaulted by stick on the head. That, nothing is to be recovered or discovered from applicant and hence, as applicant is behind the bars since more that one month, learned counsel seeks relief of regular bail.

3.

While opposing the bail application, learned APP pointed out that, applicants are named in the FIR. That, there is allegation of hitting on the head by means of stick. According to learned APP, investigation is in progress and for above reasons, he opposes the relief of regular bail. 4.

Heard both the sides. Perused the FIR dated 12.12.2024. FIR is registered at the instance of on Ashok Jankiram Patil, who has alleged that on 11.12.2024, his nephew Devanand was dragged out of the house and given beating. Names given are Shekhar, Arun, Pritam Jawale, Charudatta, Om Talele and Milind for beating and abusing. According to informant Shekhar Jawale gave blow of stick on the wrist of informant, and his sister was also gave slaps and fist blows. On above report, crime seems to have been registered.

-35.

Apparently, role attributed to present applicants are of giving blows and main allegation is against Shekhar Jawale, but he is not applicant before this Court. Therefore, taking nature of accusation into consideration and as applicants are behind the bars since almost one months, and when nothing is shown to be recovered or discovered at their instance, relief as prayed deserves to be granted. Hence, I proceed to pass the following order:

ORDER

(I) The application is allowed.

(II) Applicants Pritam S/o Sandip Jawale, Ravindra S/o Waman Jawale, Milind S/o Waman Jawale and Arun S/o Girdhar Jawale, be released on bail in connection with Crime No.0430 of 2024 registered at Muktainagar Police Station, District Jalgaon for offences punishable under Sections 109, 118, 115(2), 189(2), 191(2), 190, 191(3), 333 and 352 of the Bhartiya Nyaya Sanhita (BNS), on executing Personal Bond of Rs. 15,000/- each, with one surety each, in the like amount. (III) The applicants shall not tamper prosecution evidence. ABHAY S. WAGHWASE, JUDGE S P Rane