Adinath Dashrath Kshirsagar v. The State Of Maharashtra And Another
2025:BHC-AUG:3882
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 938 ANTICIPATORY BAIL APPLICATION NO. 121 OF 2025 ADINATH DASHRATH KSHIRSAGAR
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr. Mohit R. Deshmukh APP for Respondent/State: Mr. N. B. Patil ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 11.02.2025 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 Crime No.0113/2024, dated 10.07.2024, registered at Mudkhed Police Station, District Nanded, for the offences punishable under Sections 354-C, 354-D of the Indian Penal Code, 1860 r/w under Sections 66(E) and 67 of the Information Technology Act, 2000.
3] This court by order dated 31.01.2025 granted interim protection to the applicant considering the submissions and reasons recorded at paras 3 and 4, as under:
"3] Considering the material on record, prima facie it appears that there was long standing relations between the informant and the applicant. Thereafter, the marriage of the informant was fixed with some other person and for that reason certain dispute arose between the informant and applicant. It is alleged that the applicant posted certain comments on instagram ID of the person with whom she was to solemnize marriage and the applicant has also contacted with the father of the proposed husband and threatened him.
4] Prima facie, no objectionable photographs appears to have been sent by the applicant. Considering the same, the interim protection is granted in favour of the applicant, in the following terms :-...."
4] The learned counsel for the applicant submits that in pursuance of the order of this court the applicant has attended the concerned police station and cooperated with the investigation.
5] The learned APP submits that the applicant has sent photographs to the in-laws of the complainant and there are certain comments posted on the Instagram. The photographs are not obscene. The same would not be prima faice an offence under Sections 66(E) and 67 of the Information Technology Act, 2000.
6] In view of the above, the interim protection granted by order dated 31.01.2025 stands confirmed, on the following terms:
i] The applicant shall attend the police station as and when required by the Investigating Officer. 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.
iv] The applicant shall not indulge in similar offences.
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] JUDGE marathe