Bombay High Court
Anna Yesu Kalnar vs The State Of Maharashtra on 10 September, 2018
Author: V. K. Jadhav
Bench: V. K. Jadhav
16-ABA-864-18
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 864 OF 2018
1. Anna Yesu Kalnar ... Applicant
(Orig. Accused)
Vs
. The State of Maharashtra ... Respondent
...
Mr. Vikram R. Dhorde, Advocate for Applicant
Mr. V. M. Kagne, APP for Respondent-State
...
WITH
ANTICIPATORY BAIL APPLICATION NO. 880 OF 2018
1. Arjun s/o Buwaji Pathave
2. Raju @ Rajaram Kisan Mengal ... Applicants
(Orig. Accused)
Vs
. The State of Maharashtra ... Respondent
...
Mr. Rajendra S. Kasar, Advocate for Applicant
Mr. P. K. Lakhotia, APP for Respondent-State
...
CORAM : V. K. JADHAV, J.
DATED : 10.09.2018
PER COURT:-
1. The applicants are seeking pre-arrest bail in connection
with Crime No.373 of 2018 registered with Rahuri Police
Station, District Ahmednagar, for the offences punishable
under Sections 307, 353, 332, 333, 379, 143, 147, 148, 149,
337, 427, 323, 504 and 506 of IPC and under Section 15 of
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Environment Act. Their application with a similar prayer
bearing Criminal Bail Application No.1357 of 2018 and
Criminal Miscellaneous Application No.1284 of 2018
respectively, came to be rejected by the Additional Sessions
Judge, Ahmednagar.
2. Learned counsel for the applicants submit that on the
basis of information received by the Tahsildar, Rahuri, the
staff of Revenue Department along with the informant went
to the spot and found that some persons were illegally
excavating the sand from river bed. It has been merely
alleged in the complaint that on seeing the revenue staff,
some twenty persons gathered there and started pelting
stones towards them. Even, Police Constables have also
sustained injuries in the said incident. They also took away
three JCBs, dumpers and two tractors from their possession,
forcibly. However, name of some persons including the
present applicants were revealed during the course of
inquiry with villagers, however, there is no evidence at all
that the present applicants are indulged in the said
activities. The applicants have no connection with the
vehicles seized on the spot. Their antecedents are clear. The
applicants are agriculturists by occupation and their names
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are taken in the F.I.R. merely on suspicion.
3. Learned A.P.P. has strongly resisted the application on
the ground that, even though, some persons were illegally
excavating the sand from the river bed, on interference by
the Revenue Department, some twenty persons gathered
there and started pelting stones. As a result thereof, one
Police Constable has also sustained the injuries. Even, the
said mob took away forcibly three JCBs, two dumpers and
two tractors from the possession of the revenue staff.
Learned A.P.P. submits that the allegations are serious and
as such, custodial interrogation of the applicants is
necessary to find out their connection with the alleged
crime.
4. On careful perusal of the investigation papers and the
allegations made in the complaint, it appears that on the
basis of some sort of inquiry with the villagers, the name of
the present applicants were revealed. Except that, there is
nothing revealed in the investigation carried out so far as to
connect the applicants with the said crime. It also appears
that even the Police Constable and Tahsildar have sustained
simple injuries. The antecedents of the applicants are clear.
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The applicants are agriculturist by occupation. Merely, on
the basis of inquiry with some unknown persons if, the
names of the applicants are mentioned in the F.I.R, by
imposing certain conditions, they are entitled to be released
on anticipatory bail. Hence, the following order:
ORDER
I. The applications are hereby allowed.
II. In the event of arrest of the applicant in Criminal Application No.864/2018 - Anna Yesu Kalnar and the applicants in Criminal Application No.880/2018 1) Arjun s/o Buwaji Pathave and (2) Raju @ Rajram Kisan Mengal, in connection with Crime No.373 of 2018 registered with Rahuri Police Station, District Ahmednagar, for the offences punishable under Sections 307, 353, 332, 333, 379, 143, 147, 148, 149, 337, 427, 323, 504 and 506 of IPC and under Section 15 of Environment Act, they be released on their furnishing P.B. of Rs.15,000/- (Rupees Fifteen Thousand) each, with one surety of the like amount by each of them, on the following conditions;
a. The applicants shall not tamper with the prosecution evidence in any manner.
b. The applicants shall attend the concerned Police Station as and when required by the ::: Uploaded on - 10/09/2018 ::: Downloaded on - 12/09/2018 02:00:32 ::: 16-ABA-864-18 -5- Investigating Officer.
III. The application is accordingly disposed of.
( V. K. JADHAV, J.) Sameer// ::: Uploaded on - 10/09/2018 ::: Downloaded on - 12/09/2018 02:00:32 :::