Uttam Nathrao Chavan And Another v. The State Of Maharashtra

2025:BHC-AUG:19492 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 ANTICIPATORY BAIL APPLICATION NO. 802 OF 2025 Uttam Nathrao Chavan Vinayak Nathrao Chavan

VERSUS

The State Of Maharashtra & anr.

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Mr Sayyed Umair Pasha A. Quader, Advocate for Applicants. Mrs M. L. Sangit, APP for respondent/State.

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CORAM : ADVAIT M. SETHNA, J.

DATE : 24 JULY 2025 P. C. :

1.

Heard learned Advocates for the parties.

2.

At the very outset, my attention is drawn to the order of this Court dated 08 May 2025 under which the Applicants were protected. The Court in paragraph No.7 has set out certain terms and conditions to be complied with by the Applicants by protecting them under the said order.

3.

Mrs Sangit, learned APP, on instructions, would submit that the Applicants have complied with these conditions. There is no breach of the order. They have cooperated with the investigation.

(2) Thus, it can be inferred that the Applicants have duly joined the investigation.

4.

Mrs Sangit would submit that there are subsequent developments. She would place on record a report from the Police Station, Bardapur, Dist. Beed, dated 24/07/2025. In this regard, she would submit that the said report indicates that the charge framed against the present Applicants/accused Uttam Chavan and Vinayak Chavan has been altered by the Trial Court i.e. Judicial Magistrate First Class, Ambajogai in the presence of the Applicants to the extent that Section 118(2) has been removed and Section 118(1) has instead been inserted. The said report dated 24 July 2025 is taken on record and marked as 'X' for identification purpose. The said Section 118(1) of the B.N.S. prescribes imprisonment upto 3 years or fine of Rs.20,000/- or both, which is less severe than the punishment under Section 118(2) of the B.N.S.

5.

The above would demonstrate that the Applicants have made out a prima facie case. Also, custodial interrogation in such factual complexion would no longer be required. Thus, in my view,

(3) the order dated 08 May 2025 deserves to be confirmed and the interest of justice would be served by passing following order :-

ORDER

(i) In the event of arrest of the Applicants in connection with C.R. No.0085/2025 registered with Bardapur Police Station, Dist. Beed for the offences punishable under Sections 115(2), 118(1), 118(2), 189(2), 190, 191(2), 351(2), 351(3) and 352 of the Bhartiya Nyaya Sanhita, 2023, the Applicants are directed to be released on bail on furnishing PR bond in the sum of Rs. 20,000 (Rupees Twenty Thousand Only) each with one solvent surety in the like amount. (ii) The Applicants shall attend the concerned Police Station as and when required. 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, until further orders.

(v) They shall not contact and/or influence the witness/es and/or tamper with the evidence in any manner whatsoever.

(4) 6.

The Anticipatory Bail Application is allowed in the above terms.

7.

Needless to mention that the observations made in this order are prima facie for adjudication of this application. [ADVAIT M. SETHNA, J.] sjk