DNYANESHWAR BALASAHEB KHODVE Vs. ANAND

JUDGEMENT

(1.) Present application is for cancellation of bail granted to present respondent nos.1 and 2 by this court on 27/6/2023 in Bail Application No.941 of 2023.

(2.) Learned counsel for the applicant pointed out that present applicant is original informant, on whose report, crime bearing No.111 of 2023 was registered at Parbhani Rural Police Station for offence punishable under Sec. 326, 452, 327, 324, 427, 323, 504, 506, 143, 147, 148 and 149 of Indian Penal Code.

(3.) He further pointed out that, after registration of above crime, present respondent nos.1 and 2, both approached this court for grant of regular bail after their arrest. That, this court by order dtd. 27/6/2023 allowed the application by imposing conditions. Learned counsel pointed out that, it was specifically directed that applicant shall not tamper with the prosecution witnesses. However, in spite of such condition, it is pointed out that, both applicants after their release committed another offence of assault and report to that extent being lodged. In support of such contention, learned counsel took this court through the report of one Baliram Khodve at whose instance crime has been registered on report dtd. 4/8/2024 under various provisions of BNS. Consequently, learned counsel submits that, there being breach of condition, bail so granted deserves to be cancelled. Learned counsel seeks reliance on similar order of this court passed in Criminal Application No.1645 of 2021 along with Application for Cancellation of Bail No.166 of 2020, dtd. 6/9/2021.