Mohan Babanrao Pole v. The State Of Maharashtra And Another

2025:BHC-AUG:9829

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 947 ANTICIPATORY BAIL APPLN NO. 284 OF 2025 MOHAN BABANRAO POLE

VERSUS

THE STATE OF MAHARASHTRA & ANOTHER ...

Advocate for Applicant : Mr.N.P.Patil Jamalpurkar APP for Respondent-State : Mr.S.P.Sonpawale ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 03.04.2025 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.0010/2025, registered with Malakoli Police Station, Dist. Nanded, for the offence punishable under Sections 109, 118 (1), 115 (2), 352, 351 (2), 351 (3) and 3 (5) of the Bharatiya Nyaya Sanhita, 2023.

3] This Court, by order dated 07.03.2025, has granted interim protection in favour of the applicant for the submissions stated in para nos. 3 and 4, as noted below : 3] The learned counsel for the applicant submits that the allegations against the

applicant is that on 04.01.2025 quarrel happened between the applicant and the informant. It is alleged that on the same day at night at about 10.30 p.m. there was yatra in Malegaon and large number of people gathered for celebrating the yatra and in the said yatra the applicants along with three persons assaulted the informant. After four [4] days, the FIR is registered. He further submits that the applicant has no concerned with the alleged crime. He further submits that there is no antecedent against the applicant.

4] The learned APP has produced injury certificates which shows that the injury caused to the informant is simple in nature. The learned APP further submits that in the event this Court grants anticipatory bail in favour of the applicant, he be directed to attend the concerned police station.

4] The learned counsel for the applicant submits that in terms of aforesaid order, the applicant has attended the concerned police station and has co-operated with the investigation. There is no adverse material brought on record by the learned APP.

5] Considering the same, the interim protection granted by order dated 07.03.2025 stands confirmed in 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 DDC