Dipak Vishnu Kapase And ANR v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.3559 OF 2024
1. Dipak Vishnu Kapase
2. Dipak Rajendra Kapase ...Applicants
VERSUS
State of Maharashtra
...Respondent
....
Mr. Abhijit Kulkarni a/w Mr. Chinmay Patil, Advocate for the Applicants.
Mr. Vinod Chate, A.P.P. for the Respondent - State. ....
CORAM
:
N. R. BORKAR, J.
DATE :
04.02.2025.
P.C.
:
1.
This is an application for Anticipatory Bail. 2.
The applicants are apprehending their arrest in Crime No. 163 of 2024 registered at Vairag Police Station District-Solapur for the offences punishable under Sections 143, 147, 148, 149, 323, 324, 326, 327, 504 and 506 of the Indian Penal Code.
3.
According to the prosecution, on the date incident which took place on 29.04.2024 on account of previous dispute the present applicants and other co-accused assaulted the complainant and his relatives by Koyata, stick and stones. It is alleged that in the incident in
question, they sustained grievous injuries.
4.
I have heard the learned counsel for the applicant and learned APP for the respondent/State.
5.
The learned counsel for the applicants submits that the applicants are teachers and on the date of alleged incident, they were not at village Jawalgaon where the alleged incident took place, but were at village Pokali to attend the teachers' conference.
6.
The learned APP submits that Investigating Officer has verified the said fact and recorded the statement to that effect. It is submitted that at the time of alleged incident the applicants were attending the teachers' conference at village Pokli and they were not at village, Jawalgaon, where the alleged incident took place. In that view of the matter, I am inclined to release the applicants on anticipatory bail.
ORDER
a] The Application is allowed.
b] In the event of arrest of the applicants in connection with Crime No. 163 of 2024 registered at Vairag Police Station District-Solapur for the
offences punishable under Sections 143, 147, 148, 149, 323, 324, 326, 327, 504 and 506 of the Indian Penal Code, they shall be released on bail on furnishing P. R. Bond in the sum of Rs.25,000/- each with one or two sureties in the like amount. (N. R. BORKAR, J.)