Trisharan @ Bunty Bapurao Pawar v. The State Of Maharashtra And Another
2024:BHC-AUG:25681
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1351 OF 2024 Trisharan @ Bunty Bapurao Pawar
VERSUS
The State Of Maharashtra And Another Mr. A. M. Reddy h/f Mr. M. N. Kalyane, Advocate for the applicant Mrs. M. L. Sangit, APP for the respondent/State
CORAM
: R. M. JOSHI, J.
DATE : 18th OCTOBER, 2024 PER COURT :- 1.
Applicant apprehends arrest in connection with Crime No. 169/2019 registered with Pimpalner Police Station, Dist. Beed for the offences punishable under Sections 307, 141,147, 148, 149 of the Indian Penal Code and Sections 3/25 and 4/25 of the Arms Act. 2.
The first information report indicates that an incident occurred on 30/08/2019 in which the co-accused along with applicant said to have visited the house of the informant. He was abused and assaulted. There is allegations against the present applicant that he caused assault on the left hand of the informant with iron rod. 4.
Learned counsel for the applicant submits that the first bail application filed before this Court was withdrawn and now after filing of
the charge-sheet second bail application can be entertained. He also drew attention of the Court that during the period of interim relief he has attended the concerned police station from 20/08/2020 to 12/10/2020. It is his submission that as he co-operated in the investigation and as the charge-sheet is filed, application be allowed. He also makes statement that the applicant has no criminal antecedents and not likely to flee from justice.
5.
Learned APP opposed the application by contending that after the rejection of the first bail application applicant went absconded and hence, charge-sheet has been filed against him under Section 299 of Code of Criminal Procedure. She drew attention of the Court to the injury certificate indicating causing of grievous injury to the informant which according to her is attributable to the applicant. 6.
The first bail was rejected when investigation was in progress. Undipustedly in ABA No. 679 of 2020 interim relief was granted to the applicant. As per the order of this court, the applicant has attended the concerned police station for a period of two months i.e. from 20/08/2020 to 12/10/2020. There is nothing on record to indicate that he did not cooperate in the investigation. This Court finds substance in the contention of the learned counsel for the applicant that the
custodial interrogation of the applicant is not necessary. More particularly in view of the fact that the incident has occurred five years back. Hence, application is allowed in following terms:
ORDER
(i) In the event of arrest of applicant in connection with Crime No. 169/2019, registered with Pimpalner Police Station, Dist. Beed for the offences punishable under Sections 307, 141, 147, 148, 149, 506 of the Indian Penal Code and Sections 3/25 and 4/25 of Arms Act, he shall be released on bail on furnishing PR Bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one solvent surety in the like amount.
(ii) He shall attend the concerned police station as and when required.
(iii) He shall not contact the witnesses directly or indirectly.
(iv) He shall not interfere with the evidence in any manner whatsoever.
(R. M. JOSHI, J.) ssp