IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO.412 OF 2022

WITH

CRIMINAL APPLICATION NO.1355 OF 2022

BANDU @ RAVIRAJ JALBA DUDHKAWADE

VERSUS

THE STATE OF MAHARASHTRA

...

Mr. G.P. Shinde, Advocate for the applicant

Mr. V.M. Kagne, APP for the respondent

Mr. Ravindra Nirmal, Advocate for assist to APP

...

CORAM : SMT. VIBHA KANKANWADI, J.

RESERVED ON :

13^th APRIL, 2022

PRONOUNCED ON :

28^th APRIL, 2022

ORDER :

1

Criminal Application No.1355 of 2022 moved for assist to APP

stands allowed and disposed of.

2

The applicant is apprehending his arrest in connection with

Crime No.9/2022 dated 31.01.2022 registered with Tamsa Police Station,

Dist. Nanded, for the offence punishable under Section 452, 395, 323, 504,

506 of the Indian Penal Code, 1860.

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3

Heard learned Advocate Mr. G.P. Shinde for the applicant and

learned APP Mr. V.M. Kagne, well assisted by learned Advocate Mr. Ravindra

Nirmal for the informant.

4

It has been vehemently submitted on behalf of the applicant that

there are two political groups in village Kandali (Kh). One group is headed

by the present applicant, whereas another is of Sarpanch. The applicant had

filed complaint against the Sarpanch for misappropriation in the funds of 14^th

and 15^th Finance Commission to Grampanchayat, so also, he had given notice

of hunger strike. Therefore, in order to have an upper hand the Sarpanch has

managed to lodge the report through his associate. Admittedly there are

strained relations between the two groups. The Sarpanch and his persons

had badly beaten applicant and, therefore, applicant had lodged report

against the Sarpanch and his persons. On that count also this is the counter

blow. In fact, no prima facie case has been made out against the present

applicant. As the applicant is continuously pursuing action to be taken

against the Sarpanch for the corruption that has been done in the

construction work, the offence has been lodged. The applicant is ready to

abide by the terms of the bail.

5

Per contra, the learned APP, well assisted by learned Advocate

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Mr. Ravindra Nirmal, submits that the political rivalry is a double aged

weapon and, therefore, when the applicant says that he has lodged the

report, it may be equally applicable to him also that he would have lodged

the false report. But we are required to consider the facts in this case and

what are the allegations. The First Information Report is filed not only

against applicant but also against son and other persons. The informant was

present at that time and, therefore, he had given statements against the

applicant and, therefore, the applicant was annoyed with him. He had given

him phone call which was received on the mobile of the nephew of the

informant asking as to why statement has been given against him. Abuses

were given but thereafter in the evening the applicant and other persons,

who were 10 in number, came and by abusing the informant and his family

members asked as to why they were giving statement against the applicant.

Stones were pelted on the house of informant and then informant’s nephew

and wife were assaulted by kicks and fist blows as well as sticks. When the

informant was trying to persuade them, at that time, the applicant had

snatched five gram gold ring from the right hand finger of the informant, so

also, took away amount of Rs.30,000/- from him. It is stated that not only by

acting so the applicant had stopped but he had threatened that if informant

would depose against him he would be killed as well as his house would be

put to fire and would be involved in false case. Thereafter it is stated that the

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applicant and his persons went to the house of one Bapurao Jagdeorao

Suryawanshi and Nitin Vilas Dalve who had also given statement against the

applicant and by entering their house, assaulting them, they had taken away

the gold ornament as well as cash. Therefore, in fa