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मंगलवार, 5 जुलाई 2022

Anticipatoey bail allowed by HC

ANTICIPATORY BAIL ALLOWED BY HC

 
Nagpur Desk 
By Zafar Khan
Justice Anil Kilor grated anticipatory bail to Abdul Saleem Abdul Jalil, Kalimoddin and Sheikh Shakil All resident of Akot, Dist Akola. The accused persons were apprehending their arrest for the alleged offenses punishable under sections  apprehending arrest for the alleged offenses punishable under sections 353, 341, 324, 323, 504, 186, 143, 147, 148, 149 of IPC registered vide dated 9 april 2022 by PS Hiwarkhed Dist Akola.


The case of the prosecution is that, That on the report of A.P.I. Manoj Dashrath Landage, the above said offence came to be registered at P.S. Hiwarkhed Tq.Telhara Dist.Akola. It is alleged in F.I.R. that on 09 april 2022 the complainant received an ‘information through Control Room at about 4.00 p.m. that several persons were carrying bullocks for slaughtering purpose. Hence the complainant sent P.S.I. Gopal Datir and other police persons by Government vehicle on the spot. At about 5.00 p.m. P.S.I. Datir informed the complainant that, in Danapur Shet Shivar Ravi Gawande and his companion caught 25 to 30 bullocks in the field and they are bringing those bullocks towards police station. That time the applicants and three others came there with sticks in their hands and they obstructed them at- about 7.00 p.m. and told the police persons that, these bullockslbelongs to them and they will not allow to carry those bullocks. That time P.S.I. Datir tried to make them understand. Thereafter Ravi Gawande and his companion came there on the spot and the quarrel took place between Ravi Gawande and his companion with the applicants and three others on count of caught hold bullocks and they started assaulting each-other. The police persons tried to specify the quarrel of both the sides, but the accused persons from both the sides scuffled.

It was submitted that, that earlier the names of the applicants were not featured in the FIR. However, they have been subsequently arraigned on the basis of the confessional statement of one of the co-accused. He further submits that the applicants have been falsely implicated in the alleged offence out of political rivalry.  It was further submitted that the applicants are the owners of the live stock seized by the police and no crime has been committed by them.While allowing the anticipatory bail, court observed as under-From the FIR, it can be seen that earlier the names of the applicants (in both the applications) were not featured in the alleged crime. However, subsequently the names of the applicants were added on the confessional statement of one of the co-accused. There are no criminal antecedents to the discredit of the applicants. 7. Other co-accused have already been released on regular bail. In the circumstances, I am of the opinion that the applicants are entitled for grant of anticipatory bail. Moreover, there is nothing to point out that there is any possibility that applicants may pressurize the prosecution witnesses or tamper the prosecution witnesses or they will not be available for trial, in case, they are released on bail. Adv Mir Nagman Ali appeared for all the applicants.