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Bombay High CourtABA/46/2025disposed off as a withdrawn

Rupali Suresh Vaidya v. State Of Maharashtra Thr P.S.O. P.S. Malkapur City Dist. Buldhana

2025-01-31Hon'Ble Justice Urmila Joshi Phalke2 pages

Digitally signed by DINESH SADANAND SHERLA Date:

2025.02.12 19:10:46 +0530 DINESH SADANAND SHERLA 22-aba-46-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 46 OF 2025 1.

Monika M. Takale 2.

Manoj B. Takale ...Applicants V/s.

The State of Maharashtra

...Respondent.

..............

Mr. Shailesh Chavan a/w. Mr. Sharad Jamdar for the Applicants. Mr. S.S. Chaudhary, APP for the Respondent/State. ..............

CORAM

:

N.R. BORKAR, J.

DATE :

20.01.2025.

P.C. :

1.

This is an application for anticipatory bail. 2.

The applicants are apprehending their arrest in Crime No. 494 of 2024 registered at Walchandnagar Police Station, Pune rural for the offences punishable under Sections 115(2), 118(1), 119(1), 3(5), 333, 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023 (BNS).

3.

The parties are neighbours. It appears that on the date of incident which took place on 15.11.2024 altercation took place between the parties and they assaulted each other. Thus there are cross FIRs.

4.

The learned counsel for the applicants submits that the parties have amicably settled their disputes. Dinesh S. Sherla 1/2

22-aba-46-25.doc 5.

On the other hand, the learned APP for the respondent/State submits that this is the second incident. It is submitted that earlier also they assaulted each other and there are cross FIRs for the offence punishable under Sections 324, 337, 504 and 506 of the the Indian Penal Code. It is submitted that the applicants therefore may not be released on anticipatory bail.

6.

I have perused the FIRs. The parties are neighbours. The genesis of the incident appears to be very trivial dispute. Considering the facts and circumstances of the case, I am inclined to release the applicants on anticipatory bail on certain conditions. In the result, I am passing the following order.

ORDER

A) The Anticipatory Bail Application is allowed. B) In the event of arrest of the applicants in C.R. No. 494 of 2024 registered at Walchandnagar Police Station, Pune rural for the offences punishable under Sections 115(2), 118(1), 119(1), 3(5), 333, 351(2) & 352 of the Bharatiya Nyaya Sanhita, 2023 (BNS), they be released on bail on executing P.R. Bond in the sum of Rs.15,000/- each with one surety or two sureties in the like amount.

C] The applicants shall attend the concerned police station twice in a month, i.e., on 1st and 3rd Saturday between 11.00 am to 2.00 pm, till conclusion of trial.

D) The applicants shall not commit any other crime. [N.R.BORKAR, J.] Dinesh S. Sherla 2/2