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Bombay High CourtABA/345/2025disposed off

Sachin Sharnam Mokale v. The State Of Maharashtra And Another

2025-03-19Hon'Ble Shri Justice Arun R. Pedneker4 pages

2025:BHC-AUG:8014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 ANTICIPATORY BAIL APPLICATION NO. 345 OF 2025 SACHIN SHARNAM MOKALE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Datta Sundarrao Kale APP for Respondent/State: Mr. S. K. Shirse Advocate for Respondent No.2 :

Ms. Meera A. Bhosale (Appointed) ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 19.03.2025 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.0050/2025, dated 05.02.2025, registered at Karmad Police Station, District Chhatrapati Sambhajinagar (Rural), for the offences punishable under Sections 74, 79, 333, 351(2) of the Bharatiya Nyaya Sanhita, 2023.

3] The case against the applicant is that on 05.02.2025, he entered the house of the informant and caught hold of her hand and asked her to come close to

him. The informant shouted and people gathered there and, thereafter, the applicant threatened the informant and ran ran away from the place of incident. The learned counsel for the applicant submits that the applicant and the informant are neighbours and that there has been some disputes between them.

4] Per contra, learned APP points out that there has been similar allegations against the applicant at prior point of time, however, there has been acquittal in that case.

5] The learned counsel for assist to public prosecutor also submits that there is possibility of committing similar offence or interfering with the collection of evidence by the applicant.

6] Considering the nature of allegations and the maximum punishment provided for the same is 5 years, so also, considering the submissions as above, the anticipatory bail can be granted to the applicant by imposing certain conditions.

7] In view of the above, the application is allowed in the following terms :

i] In the event the applicant is arrested in connection with Crime No.0050/2025, dated 05.02.2025, registered at Karmad Police Station,

District Chhatrapati Sambhajinagar (Rural), for the offences punishable under Sections 74, 79, 333, 351(2) of the Bharatiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing PR bond of Rs.15,000/- with one or two sureties in the like amount to the satisfaction of the trial Court. ii] The applicant shall attend the police station as and when required by the Investigating Officer. iii] 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.

iv] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

v] The applicant shall remain out of the village Adgaonsarag, Taluka and District Chhatrapati Sambhajinagar for a period of two (02) months from today.

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

9] 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.

10] Ms.

Meera A. Bhosale, learned counsel appointed by this court to represent the cause of respondent no.2 has ably assisted this court and her fees is quantified at Rs.10,000/-, which shall be paid by the High Court Legal Services Sub-committee, Chhatrapati Sambhajinagar. 11] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE marathe