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Bombay High CourtABA/1568/2024disposed off

Nadim Shaikh Shamsoddin v. The State Of Maharashtra And Others

2025-01-09Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:726

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 933 ANTICIPATORY BAIL APPLN.NO.1568 OF 2024 NADIM SHAIKH SHAMSODDIN

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr.Vijaykumar C.Patil [Ashtekar] APP for Respondent-State : Mr.V.M.Chate Advocate for Respondents : Ms.Namita S. Pande ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 09.01.2025 P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant is apprehending arrest in connection with Crime No. 0218/2024, registered at Kinwat Police Station, District Nanded, for the offences punishable under sections 137, 87, 75 (1), 351 (2), 3 (5) of the Bharatiya Nyaya Sanhita, 2023 and Section 8, 12, 17 of the POCSO Act.

3] The learned counsel for the applicant submits that this Court, by order dated 14.12.2024 in ABA No.1619 of 2024, has granted anticipatory bail in favour of main accused, namely, Mujahid Shaikh Pasha and also this Court,

by order dated 20.09.2024, has granted interim protection in favour of the present applicant. Thereafter, the applicant has attended the concerned police station and has cooperated with the investigation. 4] Considering that in terms of the interim order dated 20.09.2024, the applicant has attended the concerned police station and has co-operated with the investigation. In view of the same, the interim protection granted by order dated 20.09.2024, stands confirmed, in the following terms :

i] The applicant shall attend the concerned 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.

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

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

6] 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.

7] The application stands disposed of.

8] Ms. Namita S. Pande, learned counsel appointed by this Court to represent the cause of respondent no.3, shall be paid fees by the High Court Legal Aid Services Sub-Committee, Aurangabad, as per Rules. [ARUN R. PEDNEKER] JUDGE DDC