Pravin Bramhanand Wathore v. The State Of Maharashtra, Thr. Pso, Lonar, Tah. Lonar, Dist. Buldhana

2025:BHC-NAG:7394

(1) 37.ba.707.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.707 OF 2025 Pravin Bramhanand Wathore Vs.

State of Maharashtra, through Police Station Officer, Lonar, District Buldhana -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. N. B. Bargat, Counsel for the applicant.

Mr. Amit Madiwale, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 28/07/2025 1.

Present application is preferred by the present applicant for grant of bail in connection with Crime No.45/2025 registered with Police Station Lonar District Buldhana for the offence punishable under Sections 189(2), 189(4), 191(2), 191(3), 109, 118(1), 351(2), 352 and 190 of the Bharatiya Nyaya Sanhita, 2023.

2.

Heard learned Counsel for the applicant who submitted that crime is registered on the basis of report lodged by Rahul Wathore on an allegation that there is previous dispute between the present applicant and the informant. Initially, also on 11.02.2025 there was a dispute on account of the breaking of pipe and the villagers have settled the said dispute. It is alleged that on 10.02.2025 at

(2) 37.ba.707.2025 about 8.30 p.m. when he was present in his shop, the present applicant and other co-accused came holding weapons in their hands and assaulted him as well as his father, due to which, he has sustained the injuries. He submitted that the counter cases are filed regarding the said incident. Thus, in a scuffle between the two parties, the both party members have sustained the injuries.

As far as the investigation part is concerned, which is now completed and charge-sheet is filed, further incarceration is not required as the injured are also discharged from the hospital. In view of that, the applicant be released on bail.

3.

Learned APP strongly opposed the said applicant and submitted that present applicant came by holding knife in his hand and assaulted the injured Rahul, who has sustained the grievous injuries. He was hospitalized for the said injuries. The medical certificate shows that he has sustained two grievous injuries in the said incident. If he is released on bail, again there is apprehension of repetition of the said incident, in view of that, the application deserves to be rejected.

4.

After hearing both sides and on perusal of the investigation papers, it reveals that there are cross complaints filed against each other regarding the said incident. It also reveals that the previous dispute is between both the parties on account of

(3) 37.ba.707.2025 money transaction. As far as the present incident is concerned, both party members have sustained the injuries in the said scuffle. Now the investigation is completed, the charge-sheet is already filed. The injured Rahul is already discharged from the hospital. Thus, there is no apprehension as to the death. Considering the fact that the investigation is already completed and charge-sheet is filed, in view of that, the application deserves to be allowed by imposing certain conditions. Accordingly, I proceed to pass following order:

ORDER

(i) The application is allowed.

(ii) The applicant Pravin Bramhanand Wathore shall be released on bail in connection with Crime No.45/2025 registered with Police Station Lonar, District Buldhana for the offence punishable under Sections 189(2), 189(4), 191(2), 191(3), 109, 118(1), 351(2), 352 and 190 of the Bharatiya Nyaya Sanhita, 2023, on executing PR bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

(iii) The applicant shall not enter into the vicinity of village Wadhav, Taluka Lonar, District Buldhana, till culmination of the trial.

(iv) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.

(v) The applicant shall attend the proceeding before the trial Court without

(4) 37.ba.707.2025 seeking any exemption unless there are exceptional circumstances.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate