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Bombay High CourtABA/1562/2025application allowed

Ashok Namdeo Bhujadi And Others v. The State Of Maharashtra And Another

2025-09-09Hon'Ble Shri Justice Mehroz K. Pathan3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

914 ANTICIPATORY BAIL APPLICATION NO.1562 OF 2025

1. Ashok Namdeo Bhujadi

2. Balasaheb Namdeo Bhujadi

3. Yogita Kishor Bhujadi

4. Harshada Balasaheb Bhujadi ....Applicants

VERSUS

The State of Maharashtra and Another .....Respondents .....

Shri. Rahul R. Karpe, Advocate for the Applicants Shri. M. K. Goyanka, APP for the Respondents - State. .....

CORAM : NEERAJ P. DHOTE, J.

Dated :

SEPTEMBER 09, 2025 PER COURT :- .

This is the Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS) for the Pre-arrest Bail in Crime No.826 of 2025 registered with Rahuri Police Station, Dist. Ahilyanagar for the offences punishable under Sections 118 (1), 118 (2), 109, 115(2), 352, 351(2), 189(2), 191(1), 191(3), 190 of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS'). 2.

Herd the learned Advocate for the Applicants and the learned APP for the State. Perused the papers on record. 3.

It is the case of the Prosecution that, on 26.07.2025 around 05:30

p.m. the Applicants and co-Accused assaulted Brother of the First Informant by using Sickle and Iron Rods. The incident is reported to be the outcome of the road dispute.

4.

From the FIR, it is seen that, the incident had taken place near the Well of the Applicants. In the Report, the role attributed to the Applicants is assault by kicks and fist blows. After a period of three (3) days, the Injured attributed the role of use of Iron Rod to the Applicant No.1. The possibility of exaggeration in the Statement of the Injured recorded after a period of three (3) days cannot be ruled out. There is cross-Report by the Applicant No.3. The Applicants were protected by the learned Additional Sessions Judge during the pendency of the Anticipatory Bail Application, which came to be rejected on 25.08.2025. In these facts and circumstances, the case for Interim Protection is made out. Hence, the following order :

O R D E R

i) In the event of arrest of the Applicants, namely,(1) Ashok Namdeo Bhujadi, (2) Balasaheb Namdeo Bhujadi, (3) Yogita Kishor Bhujadi, and

(4) Harshada Balasaheb Bhujadi in connection with Crime No.826 of 2025 registered with Rahuri Police Station, Dist. Ahilyanagar for the offences punishable under Sections 118 (1), 118 (2), 109, 115(2), 352, 351(2), 189(2), 191(1), 191(3), 190 of the BNS, they be released on bail on executing P.B. of Rs.15,000/- (Rupees Fifteen Thousand) each, with one surety in the like amount each.

ii) Issue notice to the Respondents, returnable on 23.09.2025. The learned A.P.P. waives service of notice for the Respondent Nos.1 and 2 - State.

( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 18/09/2025 19:47:19