Advocates:
['MIR NAGMAN ALI', '', 'SHAHRUKH SHAH', 'APP']

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.383 OF 2022

SHANTA ARUN KANKHAR AND OTHERS

VS

STATE OF MAH. THR. PSO WASHIM CITY WASHIM

_______________________________________________________________

Office Notes, Office Memoranda of Coram,

appearances, Court's orders of directions

Court's or Judge's orders.

and Registrar's Orders.

Shri M.N. Ali, Advocate for applicants

Ms Mrunal Barbde, APP for the State / Non-applicant

CORAM : ANIL S. KILOR, J

.

DATE

D : 30^th JUNE, 2022.

1.

The applicants have approached to this Court by filing the

present application under Section 438 of the Code of Criminal

Procedure for grant of anticipatory bail in connection with Crime

No.155 of 2022 dated 01.03.2022, registered with Police Station

Washim, for the offence punishable under Sections 307, 323, 504,

506 read with Section 34 of the Indian Penal Code.

2.

The learned counsel for the applicants submits that there is a

rivalry between the applicants and the complainant from last many

years and the complaint is the out come of the said rivalry. It is

pointed out that the complaint was filed before the Chief Judicial

Magistrate, Washim and in pursuance to order dated 18.02.2022

passed in the said proceeding, First Information Report (FIR) came

to be registered on 01.03.2022 for the offence punishable under

sections 307, 323, 504, 506 read with Section 34 of the IPC.

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3.

It is submitted that as the applicants have been falsely

implicated in the alleged offence, this court may grant pre arrest bail

to the applicants.

4.

On the other hand, the learned APP strongly opposes the

application.

5.

I have perused the Case Diary and the contents of the (FIR).

6.

From the case diary, it can be seen that during the

investigation, the Investigating Officer has recorded the statements

of the witnesses and on going through it, pirma facie some

discrepancies in the allegations made in the complaint about the

incident, can be seen, which creates doubt about veracity of

allegations.

7.

Moreover, it appears that there is long standing rivalry

between the applicants and the complainant.

8.

In the above referred backdrop, I am of the opinion that the

custodial interrogation of the applicants is not necessary in this case

and accordingly, I pass the following order:

i)

The application is allowed.

ii)

It is directed that in the event of arrest to the applicants in

Crime No.155 of 2022 dated 01.03.2022, registered with Police

Station Washim, for the offence punishable under Sections 307,

323, 504, 506 read with Section 34 of the Indian Penal Code, the

applicants shall be released on bail on their furnishing P.R. Bond of

Rs.15,000/- each with a solvent surety of like amount for each of the

applicants.

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iii)

The applicants shall attend the concerned Police Station on

04.07.2022, 05.07.2022, 06.07.2022 and 07.07.2022 in between

10.00 to 12.00 noon and thereafter, as and when their presence is

required.

The application is accordingly disposed of.

JUDGE

nd.thawre

Digitally signed byNIRANJAN

DOMAJI THAWRE

Signing Date:30.06.2022

17:04