Pratik Sachin Dahiwal v. The State Of Maharashtra And Another
2025:BHC-AUG:2264
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 925 ANTICIPATORY BAIL APPLICATION NO. 1132 OF 2024 Pratik Sachin Dahiwal
VERSUS
The State Of Maharashtra And Another ...
Advocate for Applicant : Mr. Barhate Patil Avinash N. APP for Respondents-State: Mr. B. B. Bhise Advocate for Assist to APP : Mr. Sayyed Umair Pasha A Quader ...
CORAM : ARUN R. PEDNEKER, J.
Dated : January 28, 2025.
PER COURT :- 1.
Heard learned counsel for the applicant, the learned APP for the respondent-State, and the learned Counsel for the Assist to APP. 2.
The applicant is apprehending arrest in connection with FIR No.0355/2024, dated 03/06/2024, registered at Gandhi Choki Police Station, Latur, District Latur, for the offences punishable under sections 376 (2) (n), 506 read with 34 of the Indian Penal Code. 3.
This Court, by order dated 10/07/2024, had granted interim protection to the applicant. The case against the applicant is that he made a video of the informant with accused No.1 viral by sharing it with the family members of the victim. Accused No.1, who is alleged to have been in a consensual relationship with the victim, has been granted regular bail on the ground that the relationship appears prima facie consensual. It is further alleged that the applicant sent the video of the victim to the relatives and subsequently deleted it from his mobile. 1 of
925 ABA 1132-2024 4.
The applicant was directed to attend the police station and submit his mobile phone. The learned Counsel for the applicant submits that the applicant has complied by attending the police station and handing over his mobile. The learned APP has also not disputed this fact.
5.
It appears that the mobile of Mr. Amol Shahane, to whom the video was allegedly sent, has not been forwarded to the Investigating Officer, however, his statement has been recorded. 6.
Considering that there is no prima facie evidence at this stage to suggest that the applicant forwarded the video of accused No.1 and the victim to the victim's relatives, the interim protection granted by order dated 10/07/2024 stands confirmed.
7.
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.0355/2024, dated 03/06/2024, registered at Gandhi Choki Police Station, Latur, District Latur, for the offences punishable under sections 376 (2) (n), 506 read with 34 of the Indian Penal Code, 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.
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925 ABA 1132-2024 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. 8.
In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled. 9.
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. 10.
The application stands disposed of.
( ARUN R. PEDNEKER, J. ) vj gawade/-.
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