Dagduba Bhanudas Shinde And Others v. The State Of Maharashtra And Another

ABA 677/24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1011 ANTICIPATORY BAIL APPLICATION NO. 677 OF 2024 DAGDUBA BHANUDAS SHINDE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. S.S. Thombre APP for Respondents 1 & 2 : Mr. S.K. Shirse ...

CORAM

: ARUN R. PEDNEKER, J.

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

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

2.

The applicants are apprehending arrest in connection with Crime No. 41/2024 dated 18.3.2024 registered with Shirsala Police Station, Tq. Parli, District Beed for the offences punishable under sections 364(A), 367, 365, 323, 143, 149, 504, 506 of I.P.C.

3.

This Court by order dated 3.5.2024 has granted interim protection to the applicants. The case against the applicants is that marriage of cousin brother of the informant was fixed with daughter of applicant Dagdoba and the said marriage was broken. Thereafter, the applicants asked the informant and his cousin Santram that they had spent amount of Rs. Five lakh for the preparation of the marriage and demanded the same amount and on refusal to return the amount assaulted the cousin of the informant Santram by slapping. Thereafter, the applicants took Santram in their Scorpio vehicle to unknown place and assaulted him there and then released him.

ABA 677/24 4.

As the dispute has arisen on account of breaking of the marriage of the daughter of applicant Dagdoba and the cousin of the informant and that Santaram was assaulted for refund of the money spend on marriage, I hold that prima-facie the case of kidnapping is not made out against the applicants.

5.

In view of the above, the application is allowed and the interim protection granted to the applicants on 3.5.2024 is confirmed on the following terms :

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

ii] 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. iii] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court.

6.

In the event, the applicants violate any of the conditions specified in this order, it shall be liable to be cancelled. 7.

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.

8.

The application stands disposed of.

( ARUN R. PEDNEKER, J. ) ssc/