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Bombay High CourtABA/2142/2023application allowed

Krushna Mahadev Badure v. The State Of Maharashtra

2024-03-07Hon'Ble Shri Justice N. B. Suryawanshi3 pages

2024:BHC-AUG:4834 {1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 2142 OF 2023 Krushna Mahadev Badure ....Applicant

VERSUS

The State Of Maharashtra & Another .....Respondents .....

Mr. Kedar Warad a/w. Mr. Avinash Reddy, Advocate for applicant. Mr. S.V. Hange, APP for respondents.

.......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 07 th MARCH, 2024 ORDER :

1.

Applicant apprehends arrest in C.R. No. 401 of 2023, registered with MIDC Police Station, Dist. Latur, for offences punishable under sections 307, 395 and 397 of the Indian Penal Code.

2.

FIR is lodged by Manoj Kasabe against Balaji Mane, Bali Beske, Gangaram Dudhambe, Krushna Badure, Rushi Admane, Niraj Shinde, Sahil and Parth Shinde, alleging that on 01.06.2023 at about 4.00 pm, accused Balaji Mane pulled him out of his pan stall and assaulted him with katti (chopper). Other accused persons assaulted with fists and kick blows. His friend Rohit was also assaulted on both shoulders, right leg and right

{2} hand. Amount of Rs. 12,000/- was also taken away by accused persons. Accused Balaji Mane, Bali Beske, Gangadhar Dudhambe, Krushna Badure (applicant), Rushi Admane were carrying katti.

3.

Heard learned advocate for applicant and learned APP for respondent-State. Perused the investigation papers. 4.

Accused No. 1 to 6 are arrested and they were released on regular bail. Weapons allegedly used in the crime are recovered form them.

5.

FIR is registered on 03.06.2023 and investigation appears to be almost complete. Applicants does not have any criminal antecedents. Nothing is to be recovered from applicant, therefore, his pre-trial custodial detention is not necessary. 6.

In the result, application is allowed.

7.

In the event of arrest of applicant- Krushna Mahadev Badure, in connection with C.R. No. 401 of 2023, registered with MIDC Police Station, Dist. Latur, for offences punishable under sections 307, 395 and 397 of the Indian Penal Code, he be released on executing P.B. and S.B. of Rs. 15,000/- with one surety in the like amount.

{3} 8.

Till filing of charge sheet, applicant shall attend the concerned police station as and when called by investigating officer and shall co-operate in the investigation. Applicant shall not tamper the prosecution evidence.

[NITIN B. SURYAWANSHI, J.]