Sachin Virunath Shinde v. The State Of Maharashtra
2025:BHC-AUG:20391 *1*
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 737 OF 2025 SACHIN VIRUNATH SHINDE
VERSUS
THE STATE OF MAHARASHTRA ...
Shri Ingale Vivekanand V., Advocate for the Applicant. Shri A.V. Lavte, 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 Applicant has drawn attention of the Court to the order dated 30 June 2025 by which, the Applicant has been protected. The terms and conditions of such protection are set out in paragraph No.3 of the said order.
3.
The learned APP has taken instructions. He would submit that the Applicant has cooperated in the investigation and there is no breach of the terms and conditions of interim protection. It can, thus, be inferred that the Applicant has joined
*2* the investigation.
4.
To assist the Court, the learned APP has fairly brought to the Court's attention the CDR report dated 18 July 2025, which bears specific finding to the effect that considering the co-ordinates on 29 June 2024 between 12:06 hours to 15:00 hours, location of the Applicant was at Tuljapur, which is stated to be at the distance of about 15 to 20 kilometers away from the place of alleged incident. This prima facie would support the stand of the Applicant to the effect that he was not present at the spot of incident at the relevant time. However, needless to state these are issues where evidence needs to be led and appreciated during the course of trial.
5.
The learned APP would submit that the alleged weapon and certain articles have to be recovered. This ought to be considered in light of the Applicant's stand as above that he was not present at the date and time of the incident. Also, there is no apprehension expressed with regard to the fact that the Applicant would flee from justice and/or it would not be possible to secure his presence and/or he would tamper with evidence/ the witnesses. Thus, the conditions set out below in this order would
*3* take care of the apprehensions expressed by the prosecution. The learned Advocate for the Applicant assures the the Court that the Applicant would fully cooperate with the investigation. 6.
Prima facie, nothing is brought on record against the Applicant after the interim protection granted by this Court. The Applicant is a law student and it appears that he has duly complied with the interim order.
7.
In the above factual complexion, physical custody of the Applicant, at this stage, would not serve any purpose. I am of the view that the interim order dated 30 June 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 Applicant in connection with C.R. No. 0251/2024 registered with Naldurga Police Station, Dist. Dharashiv for the offences punishable under Sections 365, 327, 354, 354-D, 324, 323, 504, 506, 427 and 34 of the Indian Penal Code, the Applicant is directed to be released on bail on furnishing PR bond in the sum of Rs. 20,000/- (Rupees Twenty Thousand Only) with one solvent surety in the like amount.
(ii) The Applicant shall attend the concerned
*4* Police Station as and when required by the Investigating Officer till the filing of the charge sheet. He is further directed to co-operate in the investigation.
(iii) The Applicant 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 Applicant shall not leave the jurisdiction of the Court without prior permission of the Court subject to further orders / until filing of the chargesheet. (v) The Applicant shall not contact and/or influence the witness/es and/or tamper with the evidence in any manner whatsoever.
8.
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. )