Azhar Afsar Pathan v. The State Of Maharashtra

941-ABA-604-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 941 ANTICIPATORY BAIL APPLICATION NO. 604 OF 2025

1. Azhar Afsar Pathan, Age: 47 years, Occu. Labour, R/o. Hanuman nagar, Lane No.4, Garkheda Parisar, Dist - Chh. Sambhajinagar.

...Applicant

VERSUS

The State of Maharashtra ... Respondent .....

Mr. Sohail Subhedar h/f Mr. N. S. Ghanekar, Advocate for the Applicant Mr. M. K. Goyanka, APP for the Respondent - State Mr. A. R. Borulkar, Advocate for the Informant .....

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

11.09.2025 PER COURT :

1.

This is an Application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, as the Applicant is apprehending arrest in Crime No.0083/2025, registered with Jawaharnagar Police Station, District Aurangabad, for the offence punishable under Sections 75, 356(2), 351(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 67 of the Information and Technology Act, 2000.

2.

Heard the learned Advocate for the Applicant, learned Advocate for the Respondent - State and the learned Advocate for the Informant. Perused the papers.

941-ABA-604-2025.odt 3.

The case of Prosecution is that, the Informant's marriage was fixed with the son of the Applicant, who is Accused No.1 in the said C.R. However, due to some reason, the said marriage broke and, thereafter, the Informant got married with another person. After the marriage of the Informant, the Applicant's son, i.e. Accused No.1, used to send the messages to her husband that, the Informant was of bad character. The Applicant posted the messages on the social media that, his son Accused No.1 will merry with the Informant and challenged to stop the same by anyone.

4.

The Accused No.1 is released on regular bail by the learned Sessions Court. The case primarily rests on the electronic evidence. The mobile phones of both the Accused are seized by the Investigating Machinery. The investigation is almost over. The Applicant is protected by an interim order dated 28/04/2025 on certain conditions. It is nobody's case that, the Applicant flouted any of the conditions. Considering these aspects and the role attributed to the Applicant, I am inclined to confirm the interim protection. Hence, the following order:

ORDER

[I] Interim Order dated 28/04/2025 is confirmed.

[II] The Applicant shall co-operate with the Investigating Machinery and shall not influence the Informant, witnesses and any persons concerned with the case in any manner.

[III] Anticipatory Bail Application stands disposed of accordingly. [NEERAJ P. DHOTE, J.] Sameer/September-2025 Signed by: Md. Sameer Q.

Designation: PA To Honourable Judge Date: 11/09/2025 18:42:14