BALU Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant herein has approached this Court for grant of anticipatory bail in respect of offences registered against him and other six accused persons as per FIR dated 14/01/2019 for offences punishable under sections, 307, 143, 147, 148, 149, 341, 120-B of Indian Penal Code and section 135 of Maharashtra Police Act, 1951.

(2.) It is submitted by the learned counsel appearing for the applicant that the incident in question took place on 13/01/2019 due to clash between two rival groups. The groups belong to different political formations and the genesis of the dispute was election of sarpanch, which had to be undertaken by draw of lots. It is submitted that a cross FIR was also registered wherein the complainant and other persons have been arrayed KHUNTE as accused, pertaining to the very same incident. It is also pointed out that two accused persons pertaining to the said cross FIRs were granted anticipatory bail by this Court. On this basis, the present application deserves to be allowed.

(3.) The learned PP has opposed grant of relief in the present application on the ground that iron pipe said to have been used in the present incident is yet to be recovered and therefore, custody of the applicant is required.