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Bombay High CourtAPPLN/3780/2024disposed off

Smt. Sunita Vilas Pole v. Jagannath Yadavrao Pole And Another

2025-01-16Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:1206 1 924

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 ANTICIPATORY BAIL APPLICATION NO. 1328 OF 2024 JAGANNATH YADAVRAO POLE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Vishal Amritlal Bagdiya APP for Respondent/State: Mr. S. M. Ganachari ...

WITH CRIMINAL APPLICATION NO. 3780 OF 2024 IN ABA/1328/2024 SMT. SUNITA VILAS POLE

VERSUS

JAGANNATH YADAVRAO POLE AND ANOTHER ...

Advocate for Applicant : Mr. Raje Vikrant P.

APP for Respondent/State: Mr. S. M. Ganachari ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 16th JANUARY, 2025 PER COURT:

1] Heard learned counsel for the applicant, the learned APP for the respondent-State and the learned counsel for Assist to Public Prosecutor.

2] The application for assist to Public Prosecutor is allowed.

2 924 3] The applicant is apprehending arrest in connection with Crime No.0305/2024, dated 15.07.2024, registered at Aundha Nagnath Police Station, District Hingoli, for the offences punishable under Section 75(1)(2) of the Bhartiya Nyay Sanhita, 2023. 4] This court by order dated 05.08.2024 has granted interim protection to the applicant.

The learned counsel appearing for the complainant submits that there are other similar complaints against the applicant. In response thereto, the learned counsel for the applicant submits that there has been prior disputes between the parties and one of the complaint relates to be made by the same parties against one another and in the second complaint he submits that the applicant being the Member of the committee, which has some administrative control over Anganwadi and he has taken certain actions in pursuance of which the other complaint was lodged.

5] Considering the above submissions of the parties and, since, this court has already granted interim protection to the applicant on 05.08.2024, so also, considering that there are prior disputes between the parties, the interim protection granted by order dated 05.08.2024 stands confirmed, on the following terms: i] The applicant shall attend the police station as and when required by the Investigating Officer.

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.

3 924 iii] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court. iv] The applicant shall not involve into similar offences. 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.] marathe