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Bombay High CourtABA/263/2025disposed off

Dhammapal Sanduji Tupe v. The State Of Maharashtra And Another

2025-03-17Hon'Ble Shri Justice Arun R. Pedneker2 pages

2025:BHC-AUG:7811 ABA 263/25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 42 ANTICIPATORY BAIL APPLICATION NO. 263 OF 2025 DHAMMAPAL SANDUJI TUPE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Jain Jitendra Shantilal APP for Respondents 1 & 2 : Mr. A.A.A. Khan ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

17/03/2025 PER COURT :

1.

Heard the learned counsel for the applicant and the learned APP for the respondents-State.

2.

The applicant is apprehending arrest in connection with Crime No. 209/2024 dated 23.12.2024 registered with Vedant Nagar Police Station, Chh. Sambhajinagar for the offences punishable under sections 109, 189(2), 191(2), 191(3), 190, 115(2), 352, 351(3), 118(1) of B.N.S. 2023. 3.

This Court by order dated 27.2.2025 has granted interim protection to the applicant by noting the submissions at para 3, as under :- "3] It appears that it is free fight between the applicant and informant and they were taken together in a four wheeler to the Government Hospital and there they had stated that unknown vehicle gave dash to them. Thereafter, on the next date, the FIR is registered. The injury certificate is still pending. In view of the same, the applicant is granted interim protection in the following terms :-" 4.

The learned counsel for the applicant submits that in pursuance of the above order, the applicant has attended the police station and cooperated with the investigation.

5.

Today, the learned APP has produced the copy of injury certificate

ABA 263/25 which shows that the informant has received simple injuries. Considering the submissions, the above interim order dated 27.2.2025 and the cooperation extended by the applicant in terms of the interim order, the application is allowed and the interim protection granted on 27.02.2025 is confirmed on the following terms :

i] The applicant shall attend the police station as and when required.

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, J.] SSC/