Abhijeet Gautam Waghmare And Others v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 ANTICIPATORY BAIL APPLICATION NO. 840 OF 2025 ABHIJEET GAUTAM WAGHMARE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA Mr.M.M.Parghane, Advocate for the Applicants Mr.A.M.Phule, APP for the Respondent/State.

( CORAM : ADVAIT M. SETHNA, J. ) DATE : 25 JULY 2025 P. C. :

1.

Heard learned Advocates for the parties.

2.

At the very outset, my attention is drawn to an order dated 16 May 2025 passed by this Court, whereby the Applicants have been protected by the terms and conditions imposed in paragraph No.5 of the said order. The details with regard to the FIR, the incident, etc. have been noted by the Court in the said order. Pursuant to the passing of this order, learned APP has taken instructions. He would submit that the Applicants have complied with the terms and conditions of the said order and have cooperated with the investigation. This would mean that the Applicants have joined the investigation. On the aspect of

- 2 - prima facie case, the learned Advocate for the Applicants would submit that there is no specific role attributed to the Applicants in the FIR. It is not disputed that the nature of injuries inflicted by the present Applicants on the Informant are concerned, are simple in nature and there are also cross-complaints filed with regard to the same incident. It has also led to filing of earlier FIR No.052/2025 dated 10 March 2025 lodged at 3:19 hours by the Accused No.1 i.e. the Informant in this FIR, in respect of same incident with similar allegations/accusations. The Applicants do not have any criminal antecedents.

3.

In such view of the matter, custodial interrogation of the Applicants would not serve the purpose. Thus, in my view, the order dated 16 May 2025 deserves to be confirmed by passing the following order:-

O R D E R

(i) In the event of arrest of the applicants in connection with Crime No.53/2025, registered with Himayat Nagar Police Station,, Taluka Himayat Nagar, District Nanded, for the offence punishable under Sections 310(2), 118(1), 115(2), 352, 351(2) of the B.N.S., 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.

- 3 - (ii) The applicants shall attend the concerned Police Station as and when required until filing of the charge sheet. They shall to co-operate 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 filing of the charge sheet.

(v) They shall not contact and/or influence the witness/es and/or tamper with the evidence in any manner whatsoever. 4.

Needless to mention that the observations made above are prima facie for the purpose of adjudication of this Anticipatory Bail Application.

5.

The Anticipatory Bail Application is Allowed in the above terms.

( ADVAIT M. SETHNA, J.)