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Bombay High CourtABA/59/2025disposed off

Yogesh Shankar Gadapwar v. The State Of Maharashtra

2025-01-22Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:1810

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 ANTICIPATORY BAIL APPLICATION NO. 59 OF 2025 YOGESH SHANKAR GADAPWAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Taur Mahesh S.

APP for Respondent-State : Ms. Neha B. Kamble ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 22.01.2025 P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant is apprehending arrest in connection with Crime No.0206 of 2024, registered at Kondalwadi Police Station, Tq. Biloli, District Nanded, for the offences punishable under sections 118(2), 119(1), 189(2), 191(2), 191(3), 190, 115(2), 352, 351(2), 351(3) of Bharatiya Nyaya Sanhita, 2023.

3] The allegation against the applicant is that there was some scuffle between the applicant and informant and that the applicant has snatched his mobile phone of Rs. 42,000/-.

3] The learned APP submits that the custody of the applicant is required to recover the mobile phone. She further submits that if the Court is inclined to grant interim relief to the applicant, the applicant may be directed to remain present in the Police Station.

4] Prima facie, it appears that the snatching of mobile phone looks exaggerated as the phone does not contain sim-card. Generally, mobile phone would in possession of the complainant should have a sim-card. 5] In view of above submission, the applicant is granted anticipatory bail on the following terms : i] In the event the applicant is arrested in connection with Crime No.0206 of 2024, registered at Kondalwadi Police Station, Tq. Biloli, District Nanded, for the offences punishable under sections 118(2), 119(1), 189(2), 191(2), 191(3), 190, 115(2), 352, 351(2), 351(3) of 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 concerned police station from 27.01.2025 to 29.01.2025 between 10.30 a.m. to 1.30 p.m.

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.

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

7] 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.

8] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE PRW