YOGESH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present application under Section 438 of the Code of Criminal Procedure, the applicants are seeking bail in the event of their arrest in connection with Crime No. 594/2019, registered with Pathardi Police Station, District Ahmednagar, for the offences punishable under Section 327 , 143 , 147 , 323 , 504 , 506 of the Indian Penal Code.

(2.) It is alleged that there has been a long standing dispute between the family of applicants and that of the informant on account of land since they are adjoining land holders. It is alleged that on 26.10.2019 in the afternoon hours the applicant No. 1 threw a liquor bottle on the roof of the informant's house. When the informant questioned him about it the applicant No. 1 abused and assaulted him. When his wife Pushpa tried to intervene, the other applicants arrived there. The applicant No. 2 splashed chilly powder on the face of the informant and thereafter he was assaulted. In the process gold ornaments worth Rs. 9000/- was snatched by the applicant No. 2. Hence the F.I.R. was lodged on 22.46 hours.

(3.) The learned advocate for the applicants submits that in fact the informant and his family members were the aggressors. They assaulted the applicant No. 2. She had approached the police and lodged the F.I.R. bearing Crime No. 593/2019 first in point of time at 19.30 hours. The present F.I.R. is a concocted version and lodged only as a counter blast to the F.I.R. lodged by the applicant No. 2. The applicant No. 1 is a Military-man. The applicants have landed properties. They are not likely to jump the bail. They would cooperate the Investigating Officer. There is no need to resort to custodial interrogation and they may be granted bail in the event of their arrest.