Salok Sing Awatar Sing Kalani v. The State Of Maharashtra

2025:BHC-AUG:5848

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 ANTICIPATORY BAIL APPLN. NO. 1937 OF 2024 SALOK SING AWATAR SING KALANI

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for the applicant : Mr.Vaibhav Shinde h/f.Mr.G.K.Naik Thigle APP for Respondent-State : Mr.S.P.Sonpawale ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 28.02.2025 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.512/2024, registered at Cantonment Police Station, Chhatrapati Sambhajinagar, for the offence punishable under Sections 132, 121 (1), 121, 352, 351 (2) of the Bharatiya Nyaya Sanhita, 2023. 3] It is alleged in the FIR that on 15.10.2024, at about 12.30 p.m. the applicant came in the Head Office of Municipal Corporation Town Hall and he informed the informant to re-measure the drainage of Firdos Garden and accordingly the informant intimated the said fact to his senior officers. The informant was directed to visit the site

and therefore the informant and one Sachin Pardeshi went to Firdos Garden at about 1.30 p.m. to 2.00 p.m. At that time, the applicant told the informant to open the Lid (Manhole Cover-Dhapa) of Drainage but the informant told that this is not his work. The applicant assaulted him with the help of wire of helmet and abused him. On the basis of said allegation, the FIR is lodged.

4] The learned counsel for the applicant submits that there is altercation on account of illicit demand for construction purpose and the informant has exaggerated the complaint. He further submits that this Court, by order dated 12.11.2024, has granted interim protection in favour of the applicant. In pursuance of the said order, the applicant has attended the concerned police station and has co-operated with the investigation.

5] The learned APP has produced injury certificate which shows the injury is simple in nature.

6] Considering this aspect of the matter, the interim protection granted by order dated 12.11.2024 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.

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

8] 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.

9] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE DDC