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Bombay High CourtABA/883/2024application allowed

Santosh Shankar Hange And Another v. The State Of Maharashtra And Another

2024-05-28Hon'Ble Shri Justice R. M. Joshi2 pages

1 aba 881.24-P

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 881 OF 2024 Satish Madhavrao Morale and others .. Applicants

Versus

The State of Maharashtra and another .. Respondents Shri S. S. Thombre, Advocate for the Applicants. Shri C. V. Badakh, A.P.P. for the Respondent Nos. 1 and 2. WITH ANTICIPATORY BAIL APPLICATION NO. 883 OF 2024 Santosh S/o Shankar Hange and another .. Applicants

Versus

The State of Maharashtra and another .. Respondents Shri S. S. Thombre, Advocate for the Applicants. Shri C. V. Badakh, A.P.P. for the Respondent Nos. 1 and 2. CORAM : SHAILESH P. BRAHME, J.

(VACATION COURT) DATE : 28TH MAY, 2024.

ORDER :

.

Applicants in both these applications are apprehending arrest in furtherance of CR No. 259/2024 registered with Kaij Police Station, Tq. Kaij, Dist. Beed for the offences punishable U/Sec. 308, 452, 143, 146, 147, 148 and 149 of the Indian Penal Code and Sec. 4, 25 of the Arms Act and Sec. 135 of the Maharashtra Police Act.

2.

It reveals from record that in all three distinct complaints

2 aba 881.24-P have been filed by Rajendra Janardhan Gopalghare, Umesh Baburao Aghav and present informant Sakharam Abasaheb Jadhav. Controversy appears to be between two groups of the locality. After voting of Lok Sabha election instances appear to have occurred on 14.05.2024 and 15.05.2024. There are counter allegations without there being any serious attributions. Though FIR in question reflects outraging of modesty of one of the lady members of the group, complaint at the instance of Rajendra Janardhan Gopalghare also indicates allegations of outraging modesty of his wife. Rajendra Janardhan Gopalghare belongs to group of the applicants. Considering the nature of allegations, applicants in both these applications deserve protection. 3.

Issue notice to the respondents, returnable on 27.06.2024. Learned A. P. P. waives notice for the respondent Nos. 1 and 2 in both applications. Call for papers from concerned police station. 4.

There shall be ad-interim protection in terms of prayer clause "C" in both these applications on condition that applicants furnish personal bond of Rs. 10,000/- each with one solvent surety of like amount. Applicants shall co-operate with the investigating officer. They shall report the investigating officer whenever called by him.

[ SHAILESH P. BRAHME, J. ] bsb/May 24