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Bombay High CourtABA/151/2025disposed off

Shaharuk Rajjak Shaikh v. The State Of Maharashtra And Others

2025-03-07Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:6841

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 ANTICIPATORY BAIL APPLN. NO.151 OF 2025 SHAHARUK RAJJAK SHAIKH

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr.Joydeep Chatterji APP for Respondent-State : Mr.S.P.Sonpawale Advocate for Respondent no.3 : Mrs.Monica Dahat ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 07.03.2025 P.C. :

1] Heard learned counsel for the applicant, the learned APP for the respondent-State and the learend counsel for the respondent no.3.

2] The applicant is apprehending arrest in connection with crime No.0392/2024, registered with Kopargaon City Police Station, Kopargaon, District Ahmednagar, for the offence punishable under Sections 119 (1), 115 (2), 352, 351 (1), 3 (5) of the Bhartiya Nyaya Sanhita, 2023 and Section 3/25 of the Arms Act. 3] This Court, by order dated 10.02.2025, has granted interim protection in favour of the applicant.

4] The learned counsel for the applicant submits that in pursuance of the aforesaid order, the applicant has attended the concerned police station and has co-operated with the investigation.

5] The learned APP submits that there are allegations that the applicant had brandished a country made pistol and threatened to kill the informant and the said pistol has to be recovered.

6] The learned counsel for the complainant in affidavit has stated before this Court that the applicant had not informed the police that a country made pistol was brandished by the applicant or that co-accused Tanvir Rangrej had snatched his chain and the applicant had pocketed it and the police had inserted these allegations of their own.

7] Be that as it may, without going into the merits of the matter and considering the compromise between the parties, the interim protection granted by order dated 10.02.2025 stands confirmed, in the following terms : i] The applicant shall attend the concerned 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.

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 DDC