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Bombay High CourtABA/84/2025application allowed

Ashok Bhanudas Khakal v. The State Of Maharashtra And Another

2025-02-04Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:3083

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.84 OF 2025 Ashok Bhanudas Khakal ..

Applicant

Versus

The State of Maharashtra & Anr.

..

Respondents ____________ Ms. Supriya Dilip Gandhi, Advocate for the Applicant. Mr. N. B. Patil, APP for Respondent Nos.1 and 2. ____________ CORAM :

ARUN R. PEDNEKER, J.

DATE :

04.02.2025 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 FIR No.877/2024 dated 09.12.2024, registered at Ahmednagar Police Station, District Ahmednagar, for the offences punishable under sections 352, 351(3), 351(2), 118(2) & 115 of Bharatiya Nyay Sanhita, 2023.

3] This Court by order dated 21.01.2025, granted interim protection to the applicant.

4] Today, it is pointed out by the learned counsel for the applicant from the FIR that the allegation against the applicant is that he has assaulted the informant on his back with a wooden stick. However, as regards the injuries sustained by the informant at the instance of the present applicant, there is no medical record of the

same.

5] The learned counsel for the applicant submits that in pursuance of order dated 21.01.2025, he has attended the concerned police station when called. Considering the same, the interim protection granted by the 21.01.2025 be confirmed. 6] The learned APP points out that there is N.C. recorded by the informant against the present accused threatening them to withdraw the present application.

7] Considering that the informant has not sustained injury at the instance of the applicant, the application is allowed and interim protection granted by this Court on 21.01.2025 is confirmed on the following terms:- i] The applicant shall not contact the informant or the witnesses in any manner or influence the prosecution witnesses.

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