Anil Vinayak Yemulwar v. The State Of Maharashtra, Thr. Pso, Ps, Wani, Dist. Yavatmal
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (BA) NO.807 OF 2025 (Anil Vinayak Yemulwar Vs. State of Maharashtra) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. S.M. Lodha, Advocate for the applicant.
Mr. N.B. Jawade, APP for the State.
CORAM:- URMILA JOSHI-PHALKE, J.
DATED :- AUGUST 05, 2025.
By this application, the applicant is seeking bail as he came to be arrested on 21.04.2024 in connection with Crime No.387/2024 registered with Police Station Wani, District Yavatmal for the offences punishable under Sections 307, 325, 323, 427, 504 and 506 read with Section 34 of the Indian Penal Code. 2.
The crime is registered on the basis of report lodged by Rahul Khemraj Meshram on an allegation that the present applicant had borrowed Rs.4,000/- from the brother of the informant namely Bhushan and when he had asked for returning the same, the applicant had told him that he would not return the same and abused the brother of the informant. This information was given by the brother of the informant to him. On 21.04.2024 at about 5.00 p.m. while the complainant and his brother were at home, the applicant alongwith his brother came in drunken condition and started calling the brother of the
complainant outside the house and were abusing to them. Hearing the shouts, the brother of the complainant came out of the house and enquired with the complainant and the brother as to why they were shouting, they started abusing and assaulting in which one tooth of the brother of the complainant was broken. At that time, the complainant and his son namely Om Meshram went to intervene, the present applicant had assaulted the son of the complainant by means of knife on his throat due to which he sustained the injuries. On the basis of the said report, police have registered the crime against the present applicant.
3.
Heard learned Counsel who appeared through Video Conferencing who submitted that as far as the injury is concerned admittedly the injury is caused during the scuffle. Now, the investigation is already completed, charge-sheet is filed filed. The injured is already discharged from the hospital. There is no apprehension of death. In view of that, the applicant be released on bail.
4.
Learned APP strongly opposed the application and submitted that considering the injury was on the vital part of the body which shows the intention of the present applicant and the injured has nothing to do with the quarrel between the present applicant and the brother of informant. He was only intervening in the quarrel and pacifying the same but he has sustained the injury as he
was assaulted by the present applicant. The medical report shows that he undergone the Surgery and thereafter there are post operational care he was directed to take. Thus, considering the nature of the injury, the application deserves to be rejected.
5.
On hearing both the sides and on perusal of the investigation papers the role assigned to the present applicant admittedly shows his intention to cause the injury as well as to cause the death of the injured. Now, the investigation is completed and charge-sheet is already filed. There is nothing on record to show that there is any apprehension of death due to the injury. Thus, considering the said fact, the application deserves to be allowed. Accordingly, I proceed to pass the following order: (i) The application is allowed.
(ii) The applicant - Anil Vinayak Yemulwar in connection with Crime No.387/2024 registered with Police Station Wani, District Yavatmal for the offences punishable under Sections 307, 325, 323, 427, 504 and 506 read with Section 34 of the Indian Penal Code, be released on bail on executing P.R.
bond of Rs.25,000/- with one solvent surety in the like amount.
(iii) The applicant shall not induce, threat or promise any witnesses who are acquainted
with the facts of the case in any manner either personally or by way of electronic media.
(iv) The applicant shall not enter into the vicinity of village Wani, District Yavatmal, till culmination of the trial.
(v) The applicant shall attend the proceedings before the trial Court without seeking any exemption unless there are exceptional circumstances.
(vi) The applicant shall furnish his Cell phone number and address with the address proof wherein he is intending to reside after he is released on bail. Additionally, he shall furnish names of his two relatives and their address proof, before the investigating agency. 6.
The contravention of any of the condition imposed by this Court, would lead to the cancellation of bail.
7.
The application is disposed of.
(URMILA JOSHI-PHALKE, J.) *Divya