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Bombay High CourtABA/97/2025disposed off

Satyabhamabai W/O Ramkrishna Bangar v. The State Of Maharashtra

2025-03-12Hon'Ble Shri Justice Arun R. Pedneker4 pages

2025:BHC-AUG:7343

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

932. ANTICIPATORY BAIL APPLN. NO. 97 OF 2025 SATYABHAMABAI W/O RAMKRISHNA BANGAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr.P.D.Bachate APP for Respondent-State: Mr.S.P.Sonpawale ...

WITH ANTICIPATORY BAIL APPLICATION NO.94 OF 2025 1] RAMKRISHNA S/O.MAROTI BANGAR 2] VIJAYSINGH @ BALA RAMKRISHNA BANGAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr.N.B.Khandare, Senior Advocate, i/b. Mr.A.D.Khot APP for Respondent-State: Mr.S.P.Sonpawale ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 12.03.2025 P.C. :

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

2] The applicants are apprehending arrest in connection with Crime No.0352/2024, registered with Ambajogai Rural Police Station, Dist. Beed, for the offence punishable under Sections 25, 3 of Arms Act, 1959, Section 135 of Maharashtra Police Act, 1951 and Sections 109, 115 (2), 189 (2), 190, 191 (2), 191 (3), 352 of the Bharatiya Nyaya Sanhita, 2023.

3] This Court, by order dated 28.01.2025, has granted interim protection in favour of the applicants for the submissions and reasons stated in para nos.3, 4 and 5, as noted below :

3] The learned counsel for the applicants submit that from September, 2024 to November, 2024, there are 5-6 FIRs filed against the present applicants as the applicants have joined Indian National Congress Party and the present FIR lodged against the applicants as a political vendetta. He submits that by order dated 22.11.2024, the Additional Sessions Judge-4, Ambajogai has granted interim protection in favour of the present applicants and thereafter the same was vacated by order dated 09.01.2025 as the applicants have not complied with the conditions imposed by the Sessions Court. Due to multiple FIRs lodged against the applicants, the applicants were not able to attend the police station as they could have been arrested in another crime.

4] The learned APP seeks time to take instructions in the matter.

5] Prima faice considering that the present FIR lodged against the applicants is politically motivated, in the meanwhile, there shall be interim order in the following terms..

4] Thereafter, this Court, by order dated 26.02.2025, directed the learned APP to verify CCTV footage given by applicant no.2 - Vijaysingh @ Bala, stating that he was travelling 960 kms away from the place of incident, so also, the learned APP directed to produce medical certificate in Crime No.0313/2024, dated 20.10.2024, registered with Neknoor Police Station, District Beed before the next date.

5] The learned APP today submits that as regards CCTV footage given by the applicant no. 2 Vijaysingh @ Bala, the said footage has verified by the Police and the applicant no. 2 on the relevant time of incident i.e. on 16.11.2024, is seen 960 kms away from the place of incident i.e. at Ooty, so also, Crime No. 0313/2024 is registered by the same informant against the same accused. The allegations are identical in respect of fire injury on thigh.

6] Since the applicant no.2 - Vijaysingh @ Bala was not present at the time of incident prima facie this is a case of implication. This Court has also observed in order dated 28.01.2025 that the present FIR lodged against the applicants is politically motivated. Considering the evidence that applicant no.2 - Vijaysingh was 960 kms away from the place of incident, it prima facie appears that the case is foisted upon the applicants. In view of the same, the interim

protection granted by order dated 28.01.2025 stands confirmed, in the following terms :

i] The applicants shall attend the concerned police station as and when required by the investigating officer.

ii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case.

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

7] In the event, the applicants violate 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 applications and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

9] The applications stand disposed of.

[ARUN R. PEDNEKER] JUDGE DDC