Yogesh Babasaheb Amte And Another v. The State Of Maharashtra

2025:BHC-AUG:6508

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 937 ANTICIPATORY BAIL APPLICATION NO. 190 OF 2025

1. YOGESH BABASAHEB AMTE

2. JAGDISH SONBA AMTE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant :

Adv. J. R. Navale h/f. Mr. Salunke Mayur Vasant APP for Respondent/State: Mr. S. P. Sonpawale ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 05.03.2025 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.325/2024, dated 17.12.2019, registered at Patoda Police Station, District Beed, for the offences punishable under Sections 109, 118(1), 3(5), 351(2), 351(3), 352 of the B.N.S.

3] This court by order dated 13.02.2025 granted interim protection to the applicants noting the submissions and reasons at paras 3 and 4, as under:

"3. It is the case against the applicants that on 20/11/2024, the informant was working as a polling agent in his village for a candidate in the Assembly

Elections, 2024. At about 2:30 p.m., the applicants arrived at the spot and questioned the informant as to why he was acting as an agent. They abused him and subsequently assaulted him with the help of an iron rod and sticks, with the intent to kill him. When the informant's mother intervened, the applicants abused and assaulted her as well.

4. Prima facie, from the material on record, it appears that there was a quarrel between the parties, and the informant and his mother sustained injuries. The injury certificate produced by the Investigating Officer indicates that the injuries are simple in nature. Considering that the injuries are simple in nature and that the other accused have already been granted anticipatory bail, the applicants are granted interim protection."

4] The learned counsel for the applicants submits that in pursuance of the order passed by this court dated 13.02.2025, they have attended the concerned police station and cooperated with the investigation. 5] In view of the above, the interim protection granted by order dated 13.02.2025 stands confirmed, on the following terms:

i] The applicants shall attend the 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.

6] In the event, the applicants violate 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] JUDGE marathe