Narayan Bhau Gaikwad And ANR v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 125 OF 2025 Narayan Bhau Gaikwad And Anr ...Applicantss
Versus
State Of Maharashtra
...Respondent
____________________________________ Mr. Hrishikesh Avhad a/w. Mr. Shailesh Chvan a/w. Mr. Shrikant Panhalde, Advocate for the Applicantss.
Mr. Mayur Sonavane, APP for the State.
Mr. Ashok Sawanji, PSI Satara City Police Station. ____________________________________
CORAM
: RAJESH S. PATIL, J.
DATED : 3 FEBRUARY 2025 P.C.:
1.
The Applicants are seeking anticipatory bail in connection with the F.I.R. No.0494 of 2024, dated 2 June 2024, registered at Satara City Police Station, District Satara under Sections 114, 143, 148, 149, 307, 324, 504, 506 read with Section 34 of the Indian Penal Code, 1860. 2.
The present Application has been filed by the Accused Nos.2 and
4. There are a total of 8 Accused in the F.I.R. The remaining Accused have filed the Applications for bail and have been granted regular bail. 3.
A Cross-F.I.R. has been filed by the Accused Nos. 5, who is the husband of Accused No.4. The Cross-F.I.R. was registered two hours after the present F.I.R., i.e., the F.I.R. No.494 of 2024. The charge-sheet
has already been filed against the remaining Accused. 3.
On the last occasion, i.e., 31 January 2025, the learned Advocate for the Applicants, on instructions, submits that his client will cooperate with the police interrogation and will remain present at the Police Station on 1 February 2025 between 4.00 p.m. to 6.00 p.m. and on 2 February 2025 between 11.00 a.m. to 1.00 p.m., for the purpose of recording his statement.
4.
Today, it is submitted before me that the present Applicants visited the police station on 1 February 2025 and 2 February 2025, the learned APP confirms the same and submits that the statements of the present Applicants were recorded on those dates.
5.
The medical certificate from the private hospital is enclosed at page 126. In the said medical certificate which is in a tabular form, the weapons allegedly used in the incident are mentioned. However, regarding Applicants, who are Accused no.2 and 4, two weapons an axe and an iron rod, are shown respectively. The medical report further suggests that considering the injuries sustained by the victim, the wounds described in the report are not likely to have been caused by the weapons allegedly used by the present Applicants. 6.
As the Applicants have already cooperated with the Investigating Agency and the charge-sheet has already been filed, therefore, no purpose will be solved by taking custodian interrogation of the applicant and thereafter releasing him on bail. 7.
According to me, prima facie case is made out by the Applicants to grant anticipatory Bail on the following condition:-
ORDER
(a) The anticipatory bail application is allowed. (b) In the event of arrest in connection with C.R. No. 0494 of 2024, dated 2 June 2024, registered with Satara City Police Station, Applicants shall be released on bail on furnishing P.R. bond to the extent of Rs. 30,000/- with one or more sureties of the like amount. (c) The Applicants shall co-operate with the investigation and attend the investigating officer of the concerned police station, as and when called.
(d) The Applicants 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 should not tamper with evidence. (e) The Applicants shall furnish his contact number and residential address to the investigating officer and shall keep him updated, in case there is any change.
8.
In view of the above, the Anticipatory Bail Application is disposed of.
(RAJESH S. PATIL, J.)