924-ABA-1157-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO.1157 OF 2021

SOMNATH UTTAM BADHE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA

...

Advocate for Applicants : Mr. Magar Pankajkumar S.

APP for Respondents : Mr. N. T. Bhagat

...

CORAM : P. D. NAIK, J.

DATE : 26^th OCTOBER, 2021

PER COURT :

1.

This is an application for anticipatory bail in Crime No.

260 of 2021 registered with Pachod Police Station, Aurangabad for

the offence under Sections 341, 323, 324, 143, 147, 148, 149 and

504 of the IPC. The FIR was registered on 06-08-2021 by

Babasaheb Sakharam Barase. Subsequently Section 326 of IPC has

been invoked.

2.

The complainant has alleged that the dispute is on

account of the boundary line of the agricultural field between the

applicants and complainant. On 29-07-2021 the applicants and the

other accused had confronted the son of the complainant on the

issue of boundary in the agricultural field. The accused were armed

with sticks, iron rod and axe. The accused assaulted the

complainant’s son and his daughter. The injured persons were

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treated in the hospital.

3.

The applicants had preferred application for anticipatory

bail before the Court of Sessions which has been rejected.

4.

The FIR is registered vide Crime No. 245 of 2021 with

the same police station on 30-07-2021 by Raosaheb Asaram Badhe

(Applicant No.2) for offence under Sections 326, 324, 323, 341,

504, 506, 141, 143, 144, 147, 148, 149 of the IPC. In the said FIR

it was alleged that there is a dispute in respect to the property

between the applicants and the opponents. On 29-07-2021 the

relatives of Raosaheb Badhe were present in the agricultural field

and at that time Babasaheb Barase and others abused the

complainant and others. Babasaheb Barase assaulted Raosaheb

Badhe with sickle and caused injury to his lips. The other accused

has assaulted with stick, iron rods and fist blows.

5.

Learned advocate for the applicants submitted that the

present FIR against the applicants has been lodged as a counter

blast to the FIR lodged by applicant No.2. The FIR against the

applicants was lodged belatedly on 06-08-2021. Applicant No.2 was

hospitalised, he has sustained serious injuries, his lip was cut on

account of the assault by the accused in the FIR lodged by him. The

delay in lodging the FIR has not been explained, which speaks

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volumes of doubts about the veracity of the version of the

complainant. The co-accused Babasaheb Barase has been arrested

and stick has been recovered. He has been released on bail. He

relied upon the decision of the Apex Court in the case of Siddharam

Satlingappa Mhetre Vs. State of Maharashtra.

6.

Learned APP submitted that it cannot be said that the

FIR lodged by the applicants is false. Injured were treated in the

hospital. They were examined on the next day after the incident.

Geeta has also sustained fracture injury. Thus, injury certificate

corroborates the version of the complainant. Babasaheb Barase has

also sustained four injuries out of which one is grievous.

7.

It is apparent that there is a dispute between both the

sides on account of the boundary line in the field. It is not clear as

to why the FIR was registered on 06-08-2021, which is after the

FIR lodged by the applicants. It is noted that applicant No.2 had

sustained serious injury. In these circumstances, relief can be

granted to the applicants in this application under Section 438 of

Cr.P.C.

ORDER

(i)

The Anticipatory Bail Application No.1157 of 2021 is

allowed.

(ii)

In the event of arrest of the applicants in Crime No. 260

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of 2021 registered with Pachod Police Station,

Aurangabad, they be released on bail on executing P.R.

bond in the sum of Rs.25,000/- each, with one or more

sureties in the l