Allowed

Walmik Bhanudas Ragde and Others v. the State of Maharashtra

Bombay HC20 Oct 2023ABA/1428/2023

Case brief

AI extract

What is this about?

The High Court at Aurangabad allowed an anticipatory bail application filed against applicants apprehending arrest in a criminal case involving assault charges. The court noted discrepancies in the FIR regarding injuries and affirmed the prayer for bail contingent upon surrendering for recovery and furnishing a personal bond.

What did the court decide?

Applicants allowed bail on furnishing PR bond of Rs. 15,000 each with one surety, directed to attend police station weekly for weapon recovery.

Walmik Bhanudas Ragde and Others Vs the State of… — Cheating and Forgery | Bombay HC (2023)

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961-ABA-1428-2023.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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ANTICIPATORY BAIL APPLICATION NO.1428 OF 2023

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WALMIK BHANUDAS RAGDE AND OTHERS

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VERSUS

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THE STATE OF MAHARASHTRA

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...

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Advocate for Applicants : Mr. S. S. Jadhav h/f Mr. V.
S. Nikalje
APP for Respondents: Mr. G. O. Wattamwar

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...

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CORAM:R.M. JOSHI, J
DATE:OCTOBER 20, 2023

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PER COURT :

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1. Applicants apprehend arrest in connection with

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with C.R. No. 150 of 2023 registered with Hasnabad
Police Station, Dist. Jalna for the offences punishable

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under Sections 323, 324, 326, 504, 506, 143, 147, 148,
149 of the Indian Penal Code.

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2.FIR indicates that some incident had occurred

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on 22.05.2023 at around 12.30 am wherein it is alleged

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that present Applicants caused assault on the informant
and witnesses in which they sustained serious injuries.

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3.Learned Counsel for the Applicants submits

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that on the same day in the morning some incident had

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961-ABA-1428-2023.odt

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occurred in respect of which report is lodged. He
further argued that in fact the present informant and
witnesses met with an accident and sustained injuries
which are not serious. He further submits that owing
to the dispute between the parties, false implication
cannot be ruled out.

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4.Learned APP opposed the application by

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referring the FIR as well as injury certificate placed
on record. It is his submission that one of the
Applicant is having criminal antecedents and hence,
application is required to be rejected. He also states
that weapons are yet to be recovered.

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5.Record indicates that Crime No. 149/2023 came
to be registered with the same police station on
21.05.2023 which indicates that there is substance in

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the contention of the Counsel for Applicants that some
incident has definitely occurred in the morning on that

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day. As far as FIR in question, perusal of the

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investigation papers do not show causing of any

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grievous injury to the informant and witnesses. Apart
from this, there is allegation against Applicants that

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961-ABA-1428-2023.odt

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four persons caused assault on the informant and only
single injury is caused to them. This is inconsistent
with the statement made in the FIR. In prima facie view
of this Court in any case offence punishable under
Section326of IPCdoesnotgetattractedagainst Applicants.

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6.As far as recovery of weapon is concerned,
Applicants shall be treated in the custody for the
purpose of recovery. Hence, application deserves to be
allowed.

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7.Hence, the order:

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O R D E R

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(i) In the event of arrest the Applicants in connection with with C.R. No. 150 of 2023 registered with Hasnabad Police Station, Dist. Jalna for the offences punishable under Sections 323, 324, 326, 504, 506, 143, 147, 148, 149 of the Indian Penal Code, they shall be released on bail on furnishing PR bond of Rs. 15,000 (Rupees Fifteen Thousand Only) each with one surety in the like amount.

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(iii)They shall attend the concerned police station once in a week till filling of the charge-sheet.

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(iv) They shall not contact the witnesses directly or indirectly.

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(v) They shall not interfere with the evidence in

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961-ABA-1428-2023.odt

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any manner whatsoever.

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(vi) They is further directed to cooperate the investigating agency for further investigation. (R.M. JOSHI, J.)

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Malani

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Walmik Bhanudas Ragde and Others v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Walmik Bhanudas Ragde and Others v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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