Amar Waman Utale v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by KANCHAN VINOD MAYEKAR Date: 2025.03.20 13:23:59 +0530 KANCHAN VINOD MAYEKAR CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3561 OF 2024 Amar Waman Utale ..... Applicant

VERSUS

State of Maharashtra ..... Respondent Mr. Shailesh Chavan a/w. Mr.Vishwas Daunkar, Mr. Sachin Pawar for the Applicant.

Ms.Pallavi Dabholkar, A.P.P. for the State.

CORAM : RAJESH S. PATIL, J.

DATE : 19th MARCH, 2025 P.C. :- The Learned Counsel for the Applicant seeks protection from apprehended arrest in connection with C.R. No. 405 of 2024 dated 11th November, 2024, for the alleged commission of offences punishable under Sections 352, 351(2), 3(5) and 118(1) of the Bharatiya Nyaya Sanhita, 2023 ("BNS, 2023") registered with Junnar Police Station.

2.

The case appears to be a dispute between two siblings, which led to the Applicant using a wooden stick lying around, to hit the Complainant at the wrist, which led to a fracture. It is also submitted

2/3 that being a sudden fight between two siblings, the victim and the accused have patched up.

3.

By an order dated 24th December, 2024, interim protection was granted to the applicant. He was directed to attend the office of the Investigating Officer. Today, it is submitted before me that the applicant has co-operated and has attended the office of the Investigating Officer.

4.

Since the applicant has co-operated and the dispute being between the brothers, prima facie, I am of the view that at this stage there is no need to arrest the present applicant. Hence, the present anticipatory bail application is allowed. Hence, the following order :-

ORDER

(a) The anticipatory bail application is allowed. (b) In the event of arrest in connection with FIR No. 0405 dated 11th November, 2024 registered with Junnar Police Station, Pune Rural for the offences punishable under Sections 352, 351(2), 3(5) and 118(1) of the Bharatiya Nyaya Sanhita, 2023, the applicant shall be released on bail, on furnishing P.R. bonds to the extent of

3/3 Rs.30,000/- with two or more sureties of the like amount. (c) The applicant shall co-operate with the investigation and attend the Investigating Officer of the concerned Police Station, as and when called. (d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with evidence.

(e) The applicant shall furnish details of his residential addresses, contact numbers and e-mail addresses to the Investigating Officer.

6.

The anticipatory bail application is disposed of. [RAJESH S. PATIL, J.]