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Bombay High CourtABA/324/2019allowed

Pradip Baburao Nagare v. State Of Mah, Thr P.So. Deulgaon Raja, Buldhana

2019-07-03Hon'Ble Shri Justice Manish Pitale2 pages

ABA324&325-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Criminal Application (ABA) No.324 of 2019 (Pradip s/o Baburao Nagare .vs. State of Maharashtra through PSO Deulgaon Raja, Dist. Buldana ) with Criminal Application (ABA) No.325 of 2019 (Baburao Sakharam Nagare .vs. State of Maharashtra through PSO Deulgaon Raja, Dist. Buldana ) --------------------------------------------------------------------------------------------------------- ---- OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. M.V. Rai, Advocate for Applicants.

Mr. J.Y. Ghurde, APP for Non-applicant/State. CORAM : Manish Pitale, J.

DATED : July 03, 2019.

The applicants herein have approached this Court apprehending arrest in connection with FIR dated 14.05.2019 whereby offences have been registered against them under sections 395, 307, 354, 452, 323 and 506 of the IPC. As noted in the order of this Court dated 03.06.2019, when ad-interim protection was granted to the applicants, an earlier FIR dated 13.05.2019 was already registered against 19 persons at the behest of one of the applicants herein. It is the case of the applicants that the aforesaid subsequent FIR dated 14.05.2019 is a counter blast and that there has been rivalry between the two groups for a long period of time.

2.

In view of the facts that have emerged from the material placed on record, prima facie, it appears that the FIR dated 14.05.2019 registered against the

ABA324&325-19.odt applicants herein may be an after thought and a counter blast in response to the earlier FIR dated 13.05.2019 registered at the behest of one of the applicants. 3.

While granting ad-interim protection, this Court had imposed certain conditions, including direction to the applicants to remain present in the concerned Police Station on every Monday between 10 a.m. and 5 p.m. It is reported that the applicants have complied with the said condition.

4.

In view of the above, the applications deserve to be allowed. Accordingly, the applications are allowed and the applicants are granted anticipatory bail on the same conditions on which they were granted ad-interim protection by order dated 03.06.2019 passed by this Court. The applicants shall continue to remain present before the concerned Police Station as directed in order dated 03.06.2019 till filing of the charge-sheet. JUDGE halwai