In cases involving allegations of assault arising from disputes, the court may consider the possibility of exaggeration and the lack of overt acts attributed to certain accused when determining whether to grant anticipatory bail.

Headnote:
ANTICIPATORY BAIL - ASSAULT - DISPUTE OVER AGRICULTURAL LAND - EXAGGERATION OF INCIDENT - NO OVERT ACT ATTRIBUTED TO ONE APPLICANT - ANTICIPATORY BAIL GRANTED
Fact of the Case:

The applicants were apprehending their arrest in a case registered against them for allegedly assaulting the complainant and his brother with iron rods, fighters, and sticks over a dispute related to agricultural land. The complainant's brother sustained only one abrasion injury.
Finding of the Court:

The court found that the incident may have been exaggerated due to the dispute between the parties and that no overt act was attributed to one of the applicants.
Issues: Whether anticipatory bail should be granted to the applicants considering the nature of the allegations and the possibility of exaggeration.
Ratio Decidendi: The court held that considering the facts and circumstances of the case, including the possibility of exaggeration and the lack of overt act attributed to one applicant, anticipatory bail should be granted to the applicants.
Final Decision: The court granted anticipatory bail to the applicants on the condition that they furnish a personal bond of Rs. 25,000/- each with one or more sureties in the like amount and refrain from entering the jurisdiction of the police station for a period of three months.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 49 OF 2023 WITH INTERVENTION APPLICATION (ST) NO. 228 OF 2023

1] Shantaram Jayram Bhabad

2] Uday Shantaram Bhabad 3] Darshan Mohan Bhabad

4] Shubham Mohan Bhabad … Applicants Versus The State of Maharashtra … Respondent …......

Mr. Aniket Nikam instructed by Mr. Chetan Damre for the Applicants.

Ms. Veera Shinde, APP for the State.

Mr. Hrishikesh Shinde for the Intervenor/complainant.

…......

CORAM : N.R. BORKAR, J. DATED : 9 JANUARY 2023 P.C. :-

. This is an application filed under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail.

2. The learned Counsel for the applicants seeks leave to withdraw the present application qua applicant No.2. The Application qua applicant No.2 is disposed of as withdrawn.

3. The applicant Nos.1, 3 and 4 are apprehending their arrest in Crime No. 366 of 2022 registered at Manmad Police Station for the offence punishable under Sections 307, 323, 324, 504, 506 r/w. 34 of Indian Penal Code.

4. I have heard the learned Counsel for the applicants, the learned APP for the State and the learned Counsel for the intervenor/Complainant.

5. According to the prosecution, on 13 December 2022 the present applicants assaulted the complainant and his brother Santosh by iron rod, fighter and stick. There appears to be dispute between the parties in relation to agricultural land bearing No.310/11. According to the complainant, applicant Nos.1 to 3 assaulted to his brother by stick and fighter. However, the brother of the complainant appears to have sustained only one injury that too abrasion. In view of dispute between the parties possibility of exaggeration of incident cannot be ruled out. No overt act is attributed to applicant No.4.

6. The learned APP for the Respondent-State submits that applicant No.1 is involved in two more crimes and applicant No.3 is involved in one more crime. However, considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the present applicant Nos.1, 3 and 4. In the result, the following order is passed :

(i) Application is partly allowed.

(ii) In the event of arrest of the applicant No.1] Shantaram Jayram Bhabad, applicant No.3] Darshan Mohan Bhabad and applicant No.4] Shubham Mohan Bhabad in Crime No. 366 of 2022 registered at Manmad Police Station for the offence punishable under Sections 307, 323, 324, 504, 506 r/w. 34 of Indian Penal Code, they shall be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- each with one or more sureties in the like amount.

(iii) The applicant Nos.1, 3 and 4 shall not enter into the jurisdiction of Manmad Police Station, for a period of three months from today.

(iv) In view of the disposal of the Anticipatory Bail Application, the Interim Application stands disposed of.

( N.R. BORKAR, J. )

Digitally signed by KANCHAN KANCHAN PRASHANT PRASHANT DHURI DHURI Date:

2023.02.20

18:08:00 +0530

Click Here to Read the rest of this document