← Library
Bombay High CourtABA/1923/2024disposed off

Prathibha Nitin Kale v. The Superintendent Of Police And Another

2025-01-20Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:1856

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 54 ANTICIPATORY BAIL APPLN. NO. 1923 OF 2024 PRATHIBHA NITIN KALE

VERSUS

THE SUPERINTENDENT OF POLICE AND ANOTHER ...

Advocate for Applicant : Mr.N.R.Thorat APP for Respondent-State : Mr.Ruchir S.Wani ...

WITH ANTICIPATORY BAIL APPLN. NO. 1925 OF 2024 NIKHIL S/O. ANGAD SAMUDRE

VERSUS

THE SUPERINTENDENT OF POLICE AND ANOTHER ...

Advocate for Applicant : Mr.N.R.Thorat APP for Respondent-State : Mr.Ruchir S.Wani ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 20.01.2025 P.C. :

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

2] The applicants are apprehending arrest in connection with Crime No.0551/2024, registered at Kaij Police Station, District Beed, for the offences punishable under sections 109, 115 (2), 126 (2), 189 (2), 190, 191 (2),

191 (3), 351 (2), 351 (3), 352 of the Bharatiya Nyaya Sanhita, 2023.

3] The learned counsel for the applicants submits that this Court, by order dated 28.11.2024, has granted interim protection in favour of the applicants for the reasons stated in the said order. In terms of the said order, the applicants have attended the concerned police station and have co-operated with the investigation.

4] The prosecution has produced medical papers, which shows that the informant has abrasion on left arm and the injuries stated as simple in nature. It is noticed that the FIR is registered after three days after incident. Considering that in terms of order dated 28.11.2024, the applicants have attended the concerned police station and have co-operated with the investigation, so also, considering the nature of injury as simple, so also, muddemal is recovered from the spot, in view of the same, interim protection granted by this Court by order dated 28.11.2024 stands confirmed, on the following terms :

i] The applicants shall attend the concerned police station as and when required by the investigating officer.

ii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case.

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

5] In the event, the applicants violate 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 applications and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

7] The applications stand disposed of.

[ARUN R. PEDNEKER] JUDGE DDC