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Bombay High CourtABA/3018/2024allowed

Vilas Yashwant Bhagat v. The State Of Maharashtra

2024-11-13Hon'Ble Justice Sharmila U. Deshmukh2 pages

903 Aba-3018-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3018 OF 2024 . Vikas Yashwant Bhagat ...Applicant.

Versus

The State Of Maharashtra

...Respondent.

------ Mr. Amit A. Karva and Priya Bajare for Applicant. Mr. N.B. Patil, APP for the Respondent-State. ------ Coram : Sharmila U. Deshmukh, J.

Date : November 13, 2024.

P. C. :

1.

By order dated 31st October, 2024, interim relief was granted to the present Applicant. This Court had recorded that upon prima facie perusal of FIR, the allegations against the Applicant is of assault on the victim from the blunt edge of sword on back and hands and the statement of the eye-witnesses discloses that the co-accused came from behind and assaulted the victim with sickle on the head and the present Applicant had slapped the victim. At the time of granting the impugned relief, the injury certificate was not received. 2.

Today, learned APP tenders the injury certificate which shows that the injuries are simple in nature. It is also not disputed that the weapons of offence are already seized and the injured is discharged. The regular bail has already been granted to the co-accused who has Sairaj 1 of

903 Aba-3018-2024.doc been accused of assault with sickle on the head of victim. 3.

Considering the record and the fact that the weapons are already seized and the co-accused is released on bail, there is no need for custodial interrogation of the present Applicant. 4.

In light of the above, the interim relief granted is made absolute on the following terms:-

1. In event of arrest, the Applicant be released on P.R. bond of Rs.15,000/- with one or two sureties of like amount.

2. The Applicant shall visit the police station as and when called upon.

3. The Applicant shall not tamper with the evidence or issue any inducement or threat to the witnesses.

5.

The Application stands allowed in above terms. [Sharmila U. Deshmukh, J.] Sairaj 2 of