Manohar Dnyaneshwar Pote And Others v. The State Of Maharashtra
2025:BHC-AUG:20392 *1*
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 653 OF 2025 MANOHAR DNYANESHWAR POTE, VIKAS DNYANESHWAR POTE, VILAS VINAYAK POTE and DNYANESHWAR BARIKRAO POTE.
VERSUS
THE STATE OF MAHARASHTRA ...
Shri Nimbalkar Aniruddha A., Advocate for the Applicants. Shri K.K. Naik, APP for the Respondents/State. ...
CORAM : ADVAIT M. SETHNA, J.
DATE : 01 August 2025 P. C. :- 1.
Heard the learned Advocates for the parties.
2.
At the outset, the learned Advocate for the Applicants has drawn attention of the Court to the interim order dated 21 April 2025 by which, the Applicants have been protected. The terms and conditions of such protection are incorporated in paragraph No.8 of the said order. Pursuant thereto, it appears that the Applicants have cooperated with the investigation and there is no breach of the terms and conditions of the interim protection dated 21 April 2025. Thus, it can be inferred that the Applicants have joined the investigation since then.
*2* 3.
However, the learned APP would insist on physical custody of the Applicants. He would draw my attention to the order dated 21 April 2025 wherein, the Court has recorded that the injury certificate was not collected at that point of time. The injury certificate, which is part of the case diary, is now placed before the Court, which shows that injuries are simple in nature in the form of contusion and abrasion, which are on lateral part of left shoulder, scapula region and lumbar. There are no grievous injuries reported in the present proceedings. The Applicants reportedly have no criminal antecedents. 4.
In the above factual complexion, physical custody of the Applicants, at this stage, would not serve any purpose. I am of the view that the interim order dated 21 April 2025 deserves to be confirmed. The following order, in my view, would meet the ends of justice:-
ORDER
(i) In the event of arrest of the Applicants in connection with C.R. No. 0140/2025 registered with Chandanjira Police Station, Dist. Jalna for the offences punishable under Sections 118(1), 119(1), 3(5), 351(2), 351(3) and 352 of the Bhartiya Nyay Sanhita, 2023, the Applicants are directed to be
*3* released on bail on furnishing PR bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand Only) each with one solvent surety in the like amount. (ii) The Applicants shall attend the concerned Police Station as and when required by the Investigating Officer till the filing of the charge sheet. They are further directed to co-operate in the investigation.
(iii) The Applicants shall furnish details of residential address and other contact details such as the mobile number etc. to the concerned Police Station. If there is any change in the contact details, the same shall be immediately informed to the concerned Police Station.
(iv) The Applicants shall not leave the jurisdiction of the Court without prior permission of the Court subject to further orders / until filing of the charge-sheet.
(v) The Applicants shall not contact and/or influence the witness/es and/or tamper with the evidence in any manner whatsoever.
5.
The Anticipatory Bail Application is allowed in the above terms. However, it is made clear that the observations made in this order are prima facie in nature for the purpose of adjudication of this application.
kps ( ADVAIT M. SETHNA, J. )