Khalilkha Alias Khalikkha Yusufkha Pathan And Another v. The State Of Maharashtra And Another
2025:BHC-AUG:12049
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 958 ANTICIPATORY BAIL APPLICATION NO. 369 OF 2025 Khalilkha Alias Khalikkha Yusufkha Pathan And Another
VERSUS
The State Of Maharashtra And Another ...
Advocate for Applicant : Mr. Salunke Sudarshan J. APP for Respondents-State: Ms. P. V. DIggikar ...
CORAM : ARUN R. PEDNEKER, J.
Dated : April 25, 2025.
PER COURT :- 1.
Heard learned counsel for the applicant No.1 and the learned APP for the respondent-State.
2.
The applicant No.1 is apprehending arrest in connection with FIR No.0019/2025, dated 04/02/2025, registered at Ashti Police Station, Taluka Partur, District Jalna, for the offences punishable under sections 303(2), 281, 3(5) of Bharatiya Nyaya Sanhita, under Section 3, 4 of the Mines and Minerals (Regulation and Development) Act, and under Section 134, 177 of the Motor Vehicles Act.
3.
By order dated 19/03/2025, this Court granted interim protection to applicant No.1. It is stated by the learned Counsel for the applicant that applicant No.2 was driving the tractor while covering his face, and that the revenue authorities had taken photographs of applicant No.2. In view of the same, the application insofar as it concerns applicant No.2 was withdrawn and accordingly dismissed by this Court.
4.
As far as applicant No.1 is concerned, the learned Counsel submits that 1 of
958 ABA 369-2025 he was not driving the tractor and does not own any tractor. It is further submitted that applicant No.1 has attended the police station and has cooperated with the investigation.
5.
Considering the same the interim protection granted to the applicant No.1 is confirmed.
6.
In view of the above, the application is allowed in the following terms: - i] In the event the applicant No.1 is arrested in connection with FIR No.0019/2025, dated 04/02/2025, registered at Ashti Police Station, Taluka Partur, District Jalna, for the offences punishable under sections 303(2), 281, 3(5) of Bharatiya Nyaya Sanhita, under Section 3, 4 of the Mines and Minerals (Regulation and Development) Act, and under Section 134, 177 of the Motor Vehicles Act, he 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 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.
7.
In the event, the applicant violates any of the conditions specified in 2 of
958 ABA 369-2025 this order, it shall be liable to be cancelled. 8.
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.
9.
The application stands disposed of.
( ARUN R. PEDNEKER, J. ) vj gawade/-.
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