Vijay Kisan Kamble And Others v. The State Of Maharashtra And Another

2025:BHC-AUG:2521 ABA 140/24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 953 ANTICIPATORY BAIL APPLICATION NO. 140 OF 2024 VIJAY KISAN KAMBLE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Ms. Vishakha Bang h/f. Mr. N.S. Ghanekar APP for Respondents 1 & 2 : Ms. Neha B. Kamble ...

CORAM

: ARUN R. PEDNEKER, J.

Dated : January 29, 2025 PER COURT :- 1.

Heard the learned counsel for the applicants and the learned APP for the respondents-State.

2.

The applicant is apprehending arrest in connection with Crime No. 527/2023 dated 16.12.2023 registered with Mukundwadi Police Station, District Aurangabad for the offences punishable under sections 326, 323, 504, 506 r/w. 34 of I.P.C.

3.

This Court by order dated 29.1.2024 has granted interim protection to the applicant. The learned counsel for the applicant submits that the applicant has attended the police station and has cooperated with the investigation as directed by this Court.

4.

Applicant No. 1 is father of applicant Nos. 2 and 3. The allegations against the applicants are that applicants and others have assaulted the informant and as such the crime is registered against the applicants for aforesaid offences.

5.

Today, the learned APP has produced injury certificate of the informant which shows that injury is simple in nature and it is not on the

ABA 140/24 vital body part of the informant.

6.

Considering that in terms of the order dated 29.1.2024 the applicants attended the police station and cooperated with the investigation, so also injury sustained by the informant is simple, I deem it appropriate to confirm the interim protection granted earlier.

7.

In view of the above, the application is allowed and the interim protection granted by order dated 29.1.2024 is confirmed on the following terms :

i] The applicants shall attend the police station as and when required.

iii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case. iv] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court.

8.

In the event, the applicants violate any of the conditions specified in this order, it shall be liable to be cancelled. 9.

It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

10.

The application stands disposed of.

( ARUN R. PEDNEKER, J. ) ssc/