Rahul Devnath Lahane And Another v. The State Of Maharashtra And Another
2025:BHC-AUG:8070
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 956 ANTICIPATORY BAIL APPLICATION NO. 302 OF 2025
1. Rahul s/o Devnath Lahane,
2. Vishal s/o Ganesh Jagtap
VERSUS
The State Of Maharashtra And Another ...
Advocate for Applicant : Mr. Sohail Subhedar h/f Mr. N. S. Ghanekar with Mr. Rathi Suyog Shyamsundar APP for Respondents-State: Mr. N. B. Patil ...
CORAM : ARUN R. PEDNEKER, J.
Dated : March 19, 2025.
PER COURT :- 1.
Heard learned counsel for the applicants and the learned APP for the respondent-State.
2.
The applicants are apprehending arrest in connection with FIR No.51/2025, dated 28/01/2025, registered at Bidkin Police Station, Chhatrapati Sambhaji Nagar (Rural), for the offences punishable under sections 140(3), 140(4), 189(2), 191(2), 191(3), 190, 115(2), 118(1), 351(3), 352 of Bharatiya Nyaya Sanhita, 2023 and Section 4 r/w 25 of the Arms Act, 1959.
3.
This Court, by order dated 03/03/2025, granted interim protection to the applicants, noting the submissions of the applicants in paragraphs No. 3, 4, and 5 as follows : - "3.
The learned counsel for the applicants submits that as the car of applicant had given dash to the bicycle of the informant and there has been some minor altercation between them and it is stated that the informant was taken in the car on the next day, he was assaulted 1 of
956 ABA 302-2025 and dropped at some other place. The learned counsel submits that there are no injuries caused and the offence is not of grievous nature. The learned counsel submits that prima facie the provisions of section 140(3) and 140(4) of B.N.S. 2023 would not be applicable in the present case.
4. The learned APP seeks time by submitting that the injury certificate is awaited.
5. Prima facie, there are no injuries to the informant mentioned in the complaint. In this view of the matter, interim protection can be granted to the applicants on the following following term..." 4.
The learned APP has today produced the injury certificate, which indicates that the injuries sustained by the injured are simple in nature. The learned APP submits that the applicants have cooperated with the investigation and that the mobile phone has been seized. 5.
In view of the above, the interim protection granted to the applicants by order dated 03/03/2025 is confirmed. The application is allowed in the following terms:
i] In the event the applicants are arrested in connection with FIR No.51/2025, dated 28/01/2025, registered at Bidkin Police Station, Chhatrapati Sambhaji Nagar (Rural), for the offences punishable under sections 140(3), 140(4), 189(2), 191(2), 191(3), 190, 115(2), 118(1), 351(3), 352 of Bharatiya Nyaya Sanhita, 2023 and Section 4 r/w 25 of the Arms Act, 1959, they shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court. ii] The applicants shall attend the police station as and when 2 of
956 ABA 302-2025 called by the police.
iii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case. iv] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court.
6.
In the event, the applicants 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. ) vj gawade/-.
3 of