Prashant Gangadhar Gajbhare v. The State Of Maharashtra And Another
2025:BHC-AUG:5565
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 940 ANTICIPATORY BAIL APPLICATION NO. 247 OF 2025 PRASHANT GANGADHAR GAJBHARE
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER ...
Advocate for Applicant : Mr. Shinde Dhananjay M. APP for Respondent/State: Mr. A. A. A. Khan ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 27.02.2025 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.59/2025, dated 16.01.2025, registered at Nanded Rural Police Station, District Nanded, for the offences punishable under Sections 64(2)(m), 352 of the Bharatiya Nyaya Sanhita.
3] This court granted interim protection to the applicant by order dated 13.02.2025 considering the submissions and reasons recorded at paras 4 and 5, as under:
"4] The learned counsel for the applicant submits that the only reason the sessions court has refused to grant interim protection is that
the DNA sample of the applicant has to be obtained in custody. The learned counsel submits that the applicant would make himself available for DNA sample as and when requested by the Investigating Officer.
5] Considering the above submissions and considering the fact that the relations between the parties were consensual, this case can be considered for grant of interim protection."
4] The learned counsel for the applicant submits that the applicant has cooperated with the investigation and he has given DNA samples for the investigation and further custodial interrogation would not be necessary. 5] In view of the above, the interim protection granted by order dated 13.02.2025 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.
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] JUDGE marathe