Archana Yogesh Bhavsar v. The Superintendent Of Police And Others

2025:BHC-AUG:8859

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 949 ANTICIPATORY BAIL APPLN. NO.289 OF 2025 ARCHANA YOGESH BHAVSAR

VERSUS

THE SUPERINTENDENT OF POLICE & OTHERS ...

Advocate for the applicant : Mr.A.R.Borulkar h/f. Mr.A.K.Tiwari APP for Respondent-State : Mr.S.K.Shirse Advocate for respondent no.3 : Ms.Yugandhar Abhijit Namde ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 25.03.2025 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. 0130/2024, registered with Faizpur Police Station, Dist. Jalgaon, for the offence punishable under Section 307, 354-B, 143, 323, 504, 509, 107 of the IPC and Section 8 and 12 of POCSO Act. 3] The allegation against the applicant is that the applicant assaulted wife of the informant by means of axe and due to the said assault, the wife of the informant was injured.

4] The learned APP produced medical certificate, which shows that the injuries are simple in nature and sections under POCSO are not applicable against the present applicant, so also, there is dispute as regards family property between them. Considering the same, overimplication cannot be ruled out. In view of the same, the interim protection granted by order dated 11.03.2025 stands confirmed, in the following terms :

i] The applicant shall attend the concerned 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. She 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.

5] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

6] 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.

7] The application stands disposed of.

8] Ms.Yugandhar Abhijit Namde, learned counsel appointed by this Court to represent the cause of respondent no.3, shall be paid fees of Rs.10,000/- by the High Court Legal Aid Services Sub-Committee, Aurangabad. [ARUN R. PEDNEKER] JUDGE DDC