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Bombay High CourtABA/410/2025disposed off

Gaurav Sunil Tiwari v. The Superintendent Of Police And Another

2025-03-27Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:9093

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 410 OF 2025 GAURAV SUNIL TIWARI

VERSUS

THE SUPERINTENDENT OF POLICE AND ANOTHER ...

Advocate for Applicant :

Mr. S. P. Tiwari h/f. Mr. Arvind Keshavlal Tiwari APP for Respondent/State: Mr. S. K. Shirse ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 27.03.2025 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.0061/2025, registered at Ramanand Police Station, District Jalgaon, for the offences punishable under Sections 318(4), 316(2) of the Bharatiya Nyaya Sanhita, 2023.

3] This court by order dated 13.03.2025 granted interim protection to the applicant noticing submissions at para 3, as under:

"3] The learned counsel for the applicant submits that the allegation against the applicant is that the amount of Rs.26 lac is transferred

from the account of Late Pramod Churi to the account of present applicant. The learned counsel for the applicant submits that the applicant is not involved in transferring the said amount in his account. The applicant is not beneficiary of the said transaction. He further submits that the applicant has transferred the aforesaid amount to the Investigating Officer. He submits that in any event he would not withdraw the amounts from his account if not already transferred to the investigating officer." 4] Today, it is not disputed before me that the money is received back by the concerned account holder from whose account the money was transferred. 5] In view of the above, the interim protection granted by order dated 13.03.2025 stands confirmed, on the following terms:

i] The applicant shall attend the 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. He 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.

6] In the event, the applicant 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] JUDGE marathe