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Bombay High CourtABA/16/2025application allowed

Kunal Sanjay Wagh v. The State Of Maharashtra

2025-02-17Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:4536

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 34 ANTICIPATORY BAIL APPLICATION NO. 16 OF 2025 Kunal Sanjay Wagh

VERSUS

The State Of Maharashtra ...

Advocate for Applicant : Mr. Aghav Avinash D APP for Respondents-State: Mr. G. O. Wattamwar Advocate for Assist to APP : Mr. Syed G R ...

WITH CRIMINAL APPLICATION NO. 223 OF 2025 IN ABA/16/2025 Arbaz Iqbal Tamboli

VERSUS

The State Of Maharashtra And Another ...

Advocate for Applicant : Mr. Syed G R APP for Respondents-State: Mr. G. O. Wattamwar ....

CORAM : ARUN R. PEDNEKER, J.

Dated : February 17, 2025.

PER COURT :- 1.

Criminal Application No.223 of 2025 is filed for Assist to learned APP. Said application is allowed and disposed of. 2.

Heard learned counsel for the applicant, the learned APP for the respondent-State, and the learned Counsel for Assist to APP. 3.

The applicant is apprehending arrest in connection with FIR No.0254/2024, dated 12/07/2024, registered at Sakri Police Station, District Dhule, for the offences punishable under sections 109, 189(2), 189(4), 189(3), 189(5), 190, 191(2), 191(3) of the Bharatiya Nyaya 1 of

34 ABA 16-2025 Sanhita, 2023.

4.

This Court, by order dated 23/01/2025, granted interim protection to the applicant, and by order dated 06/02/2025, the same has been continued till today. It appears that there were altercations between rival groups on religious grounds. In the said assault, the victim sustained grievous injuries. A cross-complaint has also been filed by the other group. The main accused persons have been released on regular bail.

5.

The learned Counsel for the applicant submits that the applicant has attended the police station as directed by this Court and has cooperated with the investigation. It is further submitted that the applicant was not carrying any weapon. From the CCTV footage, it cannot be ascertained that the applicant assaulted the informant and other persons.

6.

In view of the above the interim protection granted to the applicant is confirmed. The application is allowed in the following terms : - i] In the event the applicant is arrested in connection with FIR No.0254/2024, dated 12/07/2024, registered at Sakri Police Station, District Dhule, for the offences punishable under sections 109, 189(2), 189(4), 189(3), 189(5), 190, 191(2), 191(3) of the 2 of

34 ABA 16-2025 Bharatiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court. ii] The applicant shall attend the police station as and when called by the police.

iii] 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. iv] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court. 7.

In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled. 8.

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. 9.

The application stands disposed of.

( ARUN R. PEDNEKER, J. ) vj gawade/-.

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