Vishal Bhimrao Dandime v. The State Of Maharashtra

2023:BHC-AUG:26540

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 939 BAIL APPLICATION NO. 2204 OF 2023 Vishal Bhimrao Dandime

VERSUS

The State Of Maharashtra ...

Advocate for Applicant : Mr. More P. P.

APP for Respondent : Mrs P. J. Bharad ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : December 15, 2023 PER COURT :- 1.

The applicant seeks regular bail in connection with Crime No.0275 of 2023 registered with Latur Gramin police station, District Latur for the offences punishable under sections 307, 504, 506 of the Indian Penal Code. 2.

Investigation was set in motion on the basis of the information given by Gangaram Bhaguram Dandime, who alleges that there is dispute over the agricultural land between himself and his brother Bhimrao Dandime. The applicant is son of Bhimrao. On 2.11.2023 informant found heap of Soyabean was burning in his field. Informant had doubt that his brother and his son Vishal might have set it on fire. When he asked his brother about same, he admitted that he had set it on fire. Accordingly, incident was reported to police station. Thereafter, on 8.11.2023 while informant was passing from a Vitthal Rukmini temple, he saw applicant Vishal. When

informant asked him as to why he ablaze Soyabean heap, applicant-accused attacked him by sickle and caused injury on his chest. On the basis of such information, crime no.275 of 2023 came to be registered with Latur Rural Police Station. The applicant has been arrested on same day i.e. on 9.11.2023. Since then, he is behind the bar. His prayer for grant of bail has been rejected by the Court of Sessions. Hence, this application.

3.

Mr. More, learned advocate appearing for the applicant would submit that the applicant is a boy aged about 20 years. There is civil dispute between father of the applicant and his uncle. Criminal cases are registered against each other. In a previously registered offence at the instance of informant' s father, trial is progressed and informant apprehends the conviction. Hence, he lodged false FIR. In the alternate, he submits that, investigation is practically over. Further detention of the applicant would not be necessary. Hence, urges to release the applicant on bail.

4.

Learned A.P.P., however, strongly opposes the prayer. She would invite attention of this Court to the medical papers, which are suggestive of injuries on chest of the first informant, which corroborates the version in the FIR. She would point out that there are two criminal antecedents. The applicant is a person having criminal mentality. Investigation is in progress.

5.

Having considered the submissions advanced, apparently, there are allegations against the applicant that he assaulted on chest of first informant. Medical documents on record is suggestive of injury on chest of the first informant. However, nature of the injury is not clear. Investigation appears to be substantially progressed. Statement of the witnesses have been recorded. Recovery of incriminating articles is shown. Looking to the age of the applicant and nature of dispute between the parties, further detention of the applicant would not be necessary. However, his release on bail would be subject to certain conditions so as to protect the interest of the prosecution. Hence, case is made out for grant of bail. Hence, the following order.

O R D E R

i.

Bail Application is hereby allowed.

ii.

The applicant - Vishal Bhimrao Dandime be released on bail in connection with Crime No.0275 of 2023 registered with Latur Gramin police station, District Latur for the offences punishable under sections 307, 504, 506 of the Indian Penal Code on his furnishing P.B.&S.B. of Rs.50,000/- (Rs. Fifty Thousand), on the following conditions :- a] The applicant shall not tamper the prosecution evidence in any manner.

b] The applicant shall attend the concerned police station once in a week i.e. on every

Friday between 10 am to 2 pm till filing of the charge-sheet.

c] The applicant shall not enter in village Gangapur, Tq. and District Latur for a period of six months from the date of his release.

iii.

Bail application is accordingly disposed off. ( S.G. CHAPALGAONKAR ) JUDGE ...