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Bombay High CourtAPPLN/830/2025dismissed

Babasaheb Shenfadu Wankheded v. The State Of Maharashtra And Others

2025-03-04Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:6154

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 923 ANTICIPATORY BAIL APPLICATION NO. 333 OF 2025 Rajendra Manikrao Shingade

VERSUS

The State Of Maharashtra And Another ...

Advocate for Applicant : Mr. Hange Rajendra G., Hange Anirudh R. APP for Respondents-State: Mr. A.A.A.Khan Advocate for intervener : Mr. M. R. Malpani ...

WITH CRIMINAL APPLICATION NO. 830 OF 2025 IN ABA/333/2025 ....

CORAM : ARUN R. PEDNEKER, J.

Dated : March 04, 2025.

PER COURT :- 1.

The Criminal Application No.830 of 2025 is filed for intervension in the application. The said application is dismissed. 2.

Heard learned counsel for the applicant and the learned APP for the respondent-State.

3.

The applicant has approached this Court apprehending arrest in connection with FIR No.120/2025, dated 11/02/2025, registered with MIDC Waluj Police Station, District Chhatrapati Sambhajinagar, for the offences punishable under sections 109(1), 137(2), 351(3), 3(5) of Bharatiya Nyaya Sanhita, 2023.

4.

The case against the applicant is that on 09/02/2025, at around 11:30 p.m., when the informant, a waiter of the hotel, and the owner of 1 of

923 ABA 333-2025 the hotel were leaving after closing the hotel, the applicant arrived in his car. The applicant called the owner of the hotel and asked him to sit in the car. While driving away, it is alleged that the applicant threatened the informant. It is further stated that after the applicant left with the owner of the hotel, another vehicle arrived with two other accused, who assaulted the informant with iron rods.

5.

The learned Counsel for the applicant submits that the other two accused have already been arrested, and weapons have been recovered at their instance.

6.

Considering the submissions of the learned Counsel for the applicant that the applicant is not directly involved in the assault and the fact that nothing remains to be recovered at the instance of the present applicant, the applicant is granted anticipatory bail. 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 FIR No.120/2025, dated 11/02/2025, registered with MIDC Waluj Police Station, District Chhatrapati Sambhajinagar, for the offences punishable under sections 109(1), 137(2), 351(3), 3(5) of Bharatiya Nyaya Sanhita, 2023, he shall be released on bail on 2 of

923 ABA 333-2025 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 applicant shall attend the police station as and when called by the police.

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. 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.

The application stands disposed of.

( ARUN R. PEDNEKER, J. ) vj gawade/-.

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