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Bombay High CourtABA/858/2024disposed off

Vaibhav Adinath Shinde v. The State Of Maharashtra And Others

2025-02-03Hon'Ble Shri Justice Arun R. Pedneker4 pages

2025:BHC-AUG:2921

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 62 ANTICIPATORY BAIL APPLICATION NO. 858 OF 2024 Vaibhav Adinath Shinde

VERSUS

The State Of Maharashtra And Others ...

Advocate for Applicant : Mr. Rahul R. Karpe APP for Respondents-State: Mr. R. S. Wani Advocate for Respondent No.3 : Ms. Pooja Apache (Appointed) ...

CORAM : ARUN R. PEDNEKER, J.

Dated : February 03, 2025.

PER COURT :- 1.

Heard learned counsel for the applicant, the learned APP for the respondent-State, and the learned appointed Counsel for respondent No.3.

2.

The applicant is apprehending arrest in connection with FIR No.0520/2024, dated 25/04/2024, registered at Kotwali Police Station, District Ahmednagar, for the offences punishable under sections 354, 354-D, 324, 323, 504, 506 read with 34 of the Indian Penal Code and Section 8 and 12 of POCSO Act.

3.

This Court, by order dated 27/05/2024, granted protection to the applicant for the reasons stated therein. The relevant facts are specifically mentioned in paragraph No. 3 of the said order. In the present case, Sections 354 and 354-D of the Indian Penal Code have been invoked 1 of

against the son of the applicant. However, the allegations against the applicant pertain to Sections 323 and 324 of the Indian Penal Code. 4.

The learned APP has today produced the medical certificate of Atul Raosaheb Patrange and the injuries sustained by Atul Raosaheb Patrange are simple in nature.

5.

The learned counsel for the applicant submits that a noncognizable case has been registered against the family members of the informant regarding the same incident. He further submits that civil disputes are pending between the parties and the applicant is respondent in the matter.

6.

The learned APP and the learned counsel appointed for respondent No. 3 submit that the applicant has issued threats to the victim and her grandmother.

7.

Considering the nature of the allegations against the applicant, and the injuries sustained by the informant being simple innature the interim protection granted by order dated 27/05/2024 stands confirmed. 8.

In view of the above, the application is allowed in the following terms : - i] In the event the applicant is arrested in connection with FIR No.0520/2024, dated 25/04/2024, registered at Kotwali Police 2 of

Station, District Ahmednagar, for the offences punishable under sections 354, 354-D, 324, 323, 504, 506 read with 34 of the Indian Penal Code and Section 8 and 12 of POCSO Act, he shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

ii] The applicant shall attend the police station as and when called by the police.

iii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case. iv] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court. 9.

In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled. 10.

It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove. 11.

The application stands disposed of.

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12.

Fees of the appointed Counsel for respondent No.3 is quantified at Rs.10,000/- (in words rupees ten thousand only), to be paid by High Court Legal Services Sub-Committee, Aurangabad. ( ARUN R. PEDNEKER, J. ) vj gawade/-.

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