Shivdas Popat More v. The State Of Maharashtra And Another
2025:BHC-AUG:6030
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 42 ANTICIPATORY BAIL APPLN. NO. 8 OF 2025 SHIVDAS POPAT MORE
VERSUS
THE STATE OF MAHARASHTRA & ANOTHER ...
Advocate for Applicant : Mr.D.K.Dagadkhair APP for Respondent-State : Mr.S.P.Sonpawale Advocate for Respondent no.3 : Mr.Sanadkumar Shinde h/f. Mr.Jitendra Patil ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 03.03.2025 P.C. :
1] Heard learned counsel for the applicant, the learned APP for the respondent-State and the learned counsel for the respondent no.3.
2] The applicant is apprehending arrest in connection with Crime No.0311/2024, registered with Parola Police Station, Tq. Parola, District Jalgaon, for the offence punishable under Section 137 (2) of Bhartiya Nyaya Sanhita and under Section 12 and 17 of the POCSO Act. 3] This Court, by order dated 20.02.2025, has granted interim protection in favour of the applicant for the submissions and reasons stated in para nos. 3 and 4, as noted below :
3] It is alleged that the applicant has assisted the daughter of the informant, who is of 17 years and 4 months at the time of lodging of the FIR, to run away with another boy, who was working with the applicant as a driver. The learned counsel for the applicant submits that he has no concern with his driver or the daughter of the informant as regards the present offence is concerned. It is only on the mere suspicion that his name is mentioned in the FIR.
4] Per contra, the learned APP submits that the applicant is aware of the whereabouts about the boy and gild and the offence is registered on 10.10.2024 and till date, the daughter of the informant is not traced. Considering that there is no prima-facie evidence indicating the involvement of the applicant in the alleged offence interim protection is granted to the applicant.
4] The learned counsel for the applicant submits that in pursuance of the aforesaid order, the applicant has attended the concerned police station and has co-operated with the investigation.
5] Per contra, the learned APP, so also, the learned counsel for respondent no.3 submit that till the date girl is not traced and that the applicant is aware of the status of the girl.
6] The learned counsel for the applicant submits that the status of the girl is not known to the applicant and in pursuance of the interim order, the applicant has cooperated with the investigation.
7] Considering this aspect of the matter, the interim protection granted by this court by order dated 20.02.2025 stands confirmed, in the following terms : i] The applicant shall attend the concerned police station as and when required by the investigating officer.
ii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.
iii] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.
8] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.
9] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.
10] The application stands disposed of.
[ARUN R. PEDNEKER] JUDGE DDC