Babasaheb Balasaheb Dukare v. The State Of Maharashtra
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 928 ANTICIPATORY BAIL APPLICATION NO. 70 OF 2025 Babasaheb Balasaheb Dukare
VERSUS
The State Of Maharashtra ...
Advocate for Applicant : Mr. M. A.Manav (V.C.) h/f Mr. Jadhav Samadhan H. APP for Respondents-State: Mr. A. A. A. Khan ...
CORAM : ARUN R. PEDNEKER, J.
Dated : March 11, 2025.
PER COURT :- 1.
Heard learned counsel for the applicant and the learned APP for the respondent-State.
2.
The applicant has approached this Court apprehending arrest in connection with Crime No. 599 of 2024, registered with Satara Police Station, District Chh. Sambhajinagar, for the offences punishable under sections 118(2) of Bharatiya Nyaya Sanhita, 2023.
3.
By order dated 31/01/2025, this Court, considering the submissions of the learned Counsel for the applicant, granted interim protection to the applicant.
4.
Today, the learned APP produced an injury certificate on record, which indicates a simple injury on the head. The injury is noted to be five to six hours old, with the date of examination being 26/12/2024. However, the FIR was registered on 31/12/2024.
5.
Considering that the injury is simple in nature, the absence of any 1 of
928 ABA 70-2025 statement indicating that the applicant was sitting on the motorcycle with a hammer, and the fact that the FIR reflects the applicant had given some money to the informant, the possibility of false implication to avoid repayment cannot be ruled out.
6.
The learned Counsel for the applicant submits that, in compliance with the interim protection granted by this Court, the applicant has attended the police station and cooperated with the investigation. 7.
In view of these circumstances, the interim protection granted to the applicant is confirmed.
8.
In view of the above, the application is allowed in the following terms: - i] In the event the applicant is arrested in connection with Crime No. 599 of 2024, registered with Satara Police Station, District Chh. Sambhajinagar, for the offences punishable under sections 118(2) 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 police station as and when called by the police.
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928 ABA 70-2025 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. 9.
In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled. 10.
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. 11.
The application stands disposed of.
( ARUN R. PEDNEKER, J. ) vj gawade/-.
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