Ashok Namdeo Bhujadi And Others v. The State Of Maharashtra And Another
2025:BHC-AUG:36179 {1}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1562 OF 2025 Ashok Namdeo Bhujadi and others versus The State of Maharashtra and others.
...
Mr. Rahul R. Karpe, Advocate for the applicants. Mr. Aftab Ahmed Khan, APP for respondents.
CORAM : MEHROZ K. PATHAN, J.
DATE : 11TH DECEMBER, 2025.
P.C. :- 1.
The applicants have approached this Court seeking anticipatory bail in connection with Crime No. 0826 of 2025, registered with Rahuri Police Station, Dist. Ahilyanagar, for the offences punishable under Sections 115-2, 118-1, 189-2, 190, 191-1, 191-3, 351-2, and 352 of Bhartiya Nyaya Sanhita.
2.
It is the case of the prosecution that on 26.07.2025 around 5.30 p.m. the applicant 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.
3.
This Court, vide order dated 9.9.2025 was pleased to observe as under :- "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."
{2} 4.
Today, when the matter is listed for hearing, it is informed that as per the interim order, the applicants have attended the police station and complied with the directions issued by this Court, even though there was no direction to attend on any particular date, the applicants have reported to the investigating officer. 5.
Learned APP does not dispute the said submission. 6.
I have gone through the allegations made in the FIR and the investigation papers made available by learned APP. Perusal of the injury certificate of the injured witness would show that injured Rajendra Bhujadi was immediately taken to the Rural Hospital, Rahuri for medical examination. There was no injury on chest which can be attributed to the applicant Atul in the FIR. The injury shown in the said certificate issued by Rural Hospital would show a contused lacerated wound on left side of the forehead which can be attributed to accused/applicant Kishor, who has already withdrawn his application, as this Court was not inclined to grant any relief to him. The injury certificate issued by Dr. Ravindra Waman of Omkar Hospital, Rahuri Factory, only shows that injury over the left frontal region, which is grievous and another injury i.e. blunt trauma over left side of chest, which is simple in nature. The certificate is dated 28.7.2025 i.e. after two days of the assault. 7.
Thus, taking into consideration the above fact that the applicants have attended the police station and it is not reported that the applicants have committed any violation of the interim orders or caused threat to the witnesses, I am inclined to protect the applicants. Hence, the following order :-
{3}
O R D E R
[A] The interim order dated 9.9.2025 is hereby confirmed. [B] In the event of arrest of the applicants in connection with Crime No.0826 of 2025, registered with Rahuri Police Station, District Ahilyanagar, for the offences under Sections 115-2, 118-1, 189-2, 190, 191-1, 191-3, 351-2, and 352 of Bhartiya Nyaya Sanhita, the applicants :- [i] Ashok Namdeo Bhujadi [ii] Balasaheb Namdeo Bhujadi, [iii] Yogita Kishor Bhujadi and [iv] Harshada Balasaheb Bhujadi be released on bail on furnishing PR Bond in the sum of Rs. 50,000/-,each with one or more sureties in the like amount, on the following conditions :
[i] The applicants shall attend the concerned police station and report to the Investigating Officer(I.O.) on every Monday and Tuesday till filing of charge sheet. [ii] The applicants shall not tamper with the prosecution evidence.
[iii] The applicants shall not enter the village Musalwadi, Taluka Rahuri till filing of charge sheet, except for attending the Police Station on the days mentioned above.
[iv] The applicants shall submit their Aadhar and Pan card to the Investigating Officer and mobile number and addresses of two of his near relatives to the Investigating Officer.
[C] A single incident of violation of conditions or threatening the witnesses will entitle the prosecution to seek cancellation of bail.
{4} [D] Application stands disposed of.
[E] The application for permission to assist APP bearing No.3647 of 2025 also stands disposed of.
[MEHROZ K. PATHAN] JUDGE.
grt/-