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Bombay High CourtABA/148/2025application allowed

Bahadur Jafarsab Shaikh v. The State Of Maharashtra And Another

2025-02-25Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:5361

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 948 ANTICIPATORY BAIL APPLICATION NO. 148 OF 2025 Bahadur Jafarsab Shaikh

VERSUS

The State Of Maharashtra And Another ...

Advocate for Applicant : Mr. m. p. Bhaskar H/F Mr.Biradar Ramrao Dhondiram APP for Respondents-State: Mr. G. O. Wattamwar ...

CORAM : ARUN R. PEDNEKER, J.

Dated : February 25, 2025.

PER COURT :- 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.0409/2024, dated 20/12/2024, registered with Devni Police Station, District Latur, for the offences punishable under sections 74, 76, 115(2), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2024. 3.

This Court, by order dated 29/01/2025, granted interim protection to the applicant considering the submissions and reasons recorded in paragraphs No. 3 and 4, as under : - "3.

The case against the applicant is that the applicant, on the pretext of questioning why the informant used the path through the applicant's field, began to abuse the informant. When she inquired about the same, the applicant allegedly grabbed her by the hair, beat her, and also outraged her modesty.

4.

The learned counsel for the applicant submits that there is a civil dispute pending between the parties. Considering that there is a prior civil dispute between the applicant and the informant and the 1 of

948 ABA 148-2025 possibility of false implication cannot be ruled out, the interim relief is granted to the applicant...."

4.

The learned Counsel for the applicant submits that he has attended the police station and has cooperated with the investigation in pursuance of the order of this Court. Considering this aspect of the matter and the reasons recorded in the above paragraphs, the interim protection granted by order dated 29/01/2025 is confirmed. 5.

In view of the above, the application is allowed in the following terms : - i] In the event the applicant is arrested in connection with FIR FIR No.0409/2024, dated 20/12/2024, registered with Devni Police Station, District Latur, for the offences punishable under sections 74, 76, 115(2), 352, 351(2) of the Bharatiya Nyaya Sanhita, 2024, 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.

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. 2 of

948 ABA 148-2025 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, J. ) vj gawade/-.

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