Gangasagar Nagorao Shinkare v. The State Of Mah. Thr. Pso Ps Bitargaon Umarkhed Tq. Umarkhed Dist.Yavatmal

917.aba.144.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.144 OF 2022 Sau. Gangasagar Nagorao Shinkare

Versus

State of Maharashtra, through P.S.O., P.S. Bitargaon, Umarkhed, Dist. Yavatmal Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri K.S. Narwade, Advocate for the applicant. Shri V.A. Thakare, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 15/03/2022 1.

On the allegations of the husband against his wife who is the applicant, that out of quarrel between them, the applicant had inflicted blows by knife, Crime No. 06 of 2022, dated 19.01.2022 registered with the Police Station Bitargaon, District Yavatmal for the offence punishable under Section 307 of the Indian Penal Code against the applicant. 2.

Shri Narwade, learned counsel for the applicant states that out of matrimonial discord, the name of the applicant has been mentioned by the complainant to falsely implicate her in the alleged offence, as she failed to fulfill the demand of her husband for money. 3.

Shri Thakare, learned APP has drawn attention to the Injury Certificate. There are three injuries found on the person of the complainant which are of grievous in nature. However, on perusal of the C.L.Dhakate

917.aba.144.2022.odt Case Diary and particularly, the spot Panchanama, the Panchas have not found anything on the spot which will corroborate the story of the prosecution.

4.

In that view of the matter, I am of the opinion that the applicant is entitled for grant of pre-arrest bail. Accordingly, I pass the following order: a) The application is allowed.

b) In the event of arrest of the applicant in Crime No. 06 of 2022, dated 19.01.2022 registered with Police Station Bitargaon, District Yavatmal for the offence punishable under Section 307 of the Indian Penal Code, the applicant be released on bail on furnishing P.R. Bond of Rs.15,000/- with a solvent surety in the like amount.

c) The applicant shall not tamper with the prosecution witnesses.

d) The applicant shall not leave the jurisdiction of the concerned Police station without permission of the Court. e) The applicant shall attend the concerned Police Station as and when her presence is required. It is made clear that the Investigating Officer shall give written intimation to the applicant whenever her presence is required.

The criminal application is disposed of, accordingly. [ANIL S. KILOR, J.] CHETAN LOPCHAND DHAKATE 15.03.2022 17:56 C.L.Dhakate