Radhesham Onkarnath Jhavar v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 915 ANTICIPATORY BAIL APPLICATION NO. 791 OF 2024 Radhesham Onkarnath Jhavar ....Applicant

VERSUS

The State of Maharashtra & another .....Respondents .....

Mr. Sohail Subhedar, Advocate holding for Mr. N. S. Ghanekar, Advocate for Applicant.

Mr. S. B. Jadhav, APP for the State.

CORAM : R. M. JOSHI, J.

DATE : 7th FEBRUARY, 2025.

PER COURT :

1.

Admittedly, charge-sheet is filed in connection with Crime No. 0007/2024 registered with Jalna Cyber Police Station, District Jalna, for the offences punishable under Sections 354, 354D, 384, 500 read with Section 34 of India Penal Code and under Sections 66-E and 67 of the Information and Technologies Act. 2.

The investigating agency has opposed the application essentially on the ground that custody of the applicant is necessary for seizure of mobile phone.

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There is already seizure of mobile phone of the applicant. Pursuant to the said seizure and on completion of investigation, charge-sheet is filed. As such, custody of applicant is not necessary. Liberty of the applicant was protected by order dated 15.05.2024. There is no grievance of the investigating agency of misuse of liberty by applicant. Hence, application is allowed in terms of the interim order.

( R. M. JOSHI) Judge dyb