Bhagwan Vishram Jadhav v. Popat Dnyaneshwar Mali And Others

2025:BHC-AUG:19494 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 ANTICIPATORY BAIL APPLICATION NO. 878 OF 2025 Popat Dnyaneshwar Mali Sagarbai Dnyaneshwar Mali Balu Dnyaneshwar Mali

VERSUS

The State Of Maharashtra And Another WITH CRIMINAL APPLICATION NO. 2098 OF 2025 IN ABA/878/2025 Bhagwan Vishram Jadhav

VERSUS

Popat Dnyaneshwar Mali And Others .....

Mr S. J. Salunke, Advocate for Applicants in ABA/878/2025. Mr K. K. Naik, APP for respondent/State.

Mr S. S. Munot, Advocate for Applicant in Cr. Appln No.2098/2025 .....

CORAM : ADVAIT M. SETHNA, J.

DATE : 24 JULY 2025 P. C. :

1.

Heard the learned Advocates for the parties.

2.

At the very outset, I have perused the order dated 30/05/2025 by which the Applicants are protected. The said order in paragraph No.5 has subjected the Applicants to certain terms and conditions as noted therein.

(2) 3.

Learned APP Mr Naik, on instructions, would state that such terms and conditions have been duly complied by the Applicants. They have cooperated with the investigation. Thus, it can be inferred that they have joined the investigation. A bare perusal of the said order would indicate that the Court has duly applied its mind to the aspect of prima facie case. The contentions raised by learned APP Mr Naik and learned Advocate Mr Munot, who assists the Public Prosecutor are found to be covered in the order dated 30/05/2025. In such view of the matter, there is nothing adverse on the aspect of prima facie case against the Applicants which is brought on record by the prosecution after the order dated 30 May 2025.

4.

Mr Naik, learned APP and learned Advocate Mr Munot have strongly oppose the application and urged for custody of the Applicants. In my view, custodial interrogation of these Applicants in the given factual complexion is not necessary. The interim order dated 30 May 2025 passed by the Court is thus confirmed. Hence, this Court passes the following order which in my view, would meet the needs of justice :

ORDER

(i) In the event of arrest of the Applicants in connection with C.R. No.0311/2025, registered with Gevrai Police Station, Dist. Beed for the offences

(3) punishable under Sections 108, 3(5) of the Bhartiya Nyay 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 until filing of charge-sheet. 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 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.

5.

The Anticipatory Bail Application is allowed in the above terms.

6.

Accordingly, Criminal Application No.2098/2025 would not survive and the same is also disposed of. 7.

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