Sonu Alias Aman Anand Ghoseswar And Another v. The State Of Maharashtra
2025:BHC-AUG:6275
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
949. ANTICIPATORY BAIL APPLN. NO. 271 OF 2025 1] SONU @ AMAN S/O.ANAND GHOSESWAR 2] ANANDKUMAR S/O.RAGHUNATH GHOSESWAR
VERSUS
THE STATE OF MAHARASHTRA ...
Advocate for Applicants : Mr.S.V.Jadhwar APP for Respondent-State : Mr.Ruchir S. Wani ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 04.03.2025 P.C. :
1] Heard learned counsel for the applicants and the learned APP for the respondent-State.
2] By order dated 24.02.2025, the application as regards applicant no.1 has already been disposed of as withdrawn.
3] The applicant no.2 has approached this Court apprehending arrest in connection with Crime No.0236/2024, registered with Bhusawal Police Station, District Jalgaon, for the offence punishable under Section 3 (5), 117, 118 (1), 351 (2) and 352 of the B.N.S. 4] This Court, by order dated 24.02.2025, has granted interim protection in favour of applicant no.2 for
the submissions and reasons stated in para nos. 5, 6 and 7, as noted below :
5] This Court, by order dated 28.01.2025 in ABA No.2110/2024, has granted interim protection in favour of co-accused and while granting interim protection has noticed that the fight has occurred on the spur of the moment.
6] As regards applicant no.2, namely, Anandkumar Ghoseswar is concerned, he has used wooden stick against the informant in the alleged assault.
7] The learned APP produced injury certificate wherein it is seen that there are three injuries caused to the informant and out of three, one injury is grievous in nature. However, the same cannot be attributed to the applicant no.2 as he has holding wooden stick. Considering the simple injury is attributable to the applicant no.2 and the fight has occurred on the spur of the moment, the interim protection is granted in favour of the applicant no.2, in the following terms.
5] The learned counsel of the applicants submits that in terms of aforesaid order, the applicant no.2 has attended the concerned police station and has co-operated with the investigation.
6] Considering the same, the interim protection granted in favour of applicant no.2 by order rdated 24.02.2025 stands confirmed, in the following terms : i] The applicant no. 2 shall attend the concerned police station as and when required by the investigating officer.
ii] The applicant no. 2 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 no. 2 shall co-operate with the investigation and also in the proceedings before the trial Court.
7] In the event, the applicant no. 2 violates any of the conditions specified in this order, it shall be liable to be cancelled.
8] 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.
9] The application stands disposed of.
[ARUN R. PEDNEKER] JUDGE DDC