Shreyas Pradip Waghmare v. The State Of Maharashtra And Another

2024:BHC-AUG:27720 ABA 1310/24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 963 ANTICIPATORY BAIL APPLICATION NO. 1310 OF 2024 SHREYAS PRADIP WAGHMARE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Andhale Sandip Ramnath APP for Respondents/State : Mr. P.P. Dawalkar ...

CORAM

: ARUN R. PEDNEKER, J.

Dated : November 27, 2024 PER COURT :- 1.

Heard learned counsel for the applicant and the learned APP for the respondents-State.

2.

The applicant is apprehending arrest in connection with Crime No. 752/2024 dated 25.6.2024 registered at Tophkhana Police Station, District Ahmednagar for the offences punishable under sections 394, 341, 504, 506 r/w. 34 of I.P.C.

3.

It is the case of the applicant that the scorpio vehicle of the complainant/informant has given dash to the Tata Safari vehilce of the applicant in which damage was caused to the vehicle of the applicant. As such, the applicant had insisted the complainant to pay for damages. The complainant had paid amount of Rs. 21,000/- to the applicant i.e. amount of Rs.19,000/- in cash and Rs.2,000/- by Phone-pe. It is the case of the applicant that later on the complaint is filed by the informant against the applicant that the money was taken by force and case is registered under section 394 etc. of I.P.C. against the applicant. 4.

The learned APP strongly opposes the application. The learned counsel for the applicant submits that in view of the interim order of this

ABA 1310/24 Court, the applicant has been cooperating with the investigation. The learned APP has not contraverted this position. 4.

Considering the fact, circumstance that there was accident between the two vehicles and the probability that the amount was paid towards the damages sustained by the applicant's vehicle cannot be ruled out. Prima facie, I hold that this is the fit case in which relief of anticipatory bail can be granted to the applicant.

5.

In view of the above, the application is allowed and the interim protection granted by this Court vide order dated 31.7.2024 is confirmed in following terms :

i] The applicant shall attend the concerned police station as and when required.

ii] 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. iii] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

6.

In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled. 7.

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.

8.

The application stands disposed of.

( ARUN R. PEDNEKER, J. ) ssc/