Nilesh Bhausaheb Bhamre v. The State Of Maharashtra And Another

2024:BHC-AUG:28841

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 37 ANTICIPATORY BAIL APPLN.NO. 1972 OF 2024 NILESH BHAUSAHEB BHAMRE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. N. N. Desale.

APP for Respondents-State: Mr. S. B. Pulkundwar ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 09.12.2024 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. 344/2024 dated 13.10.2024 registered with Sakri Police Station, District Dhule for the offences punishable under Section 115(2), 118(2), 3(5), 351(2), 351(3), 352 of Bharitya Nyaya Sanhita. 3] The learned counsel for the applicant submits that this Court, by order dated 27.11.2024, has granted interim protection in favour of the applicant and the applicant has attended the concerned police station and has co-operated with the investigation. The allegation in the FIR is that the knife is used by the applicant to cause injury.

However, the knife is recovered from the co-accused and injury is apparently caused by blunt object. However, the supplementary statement of the injured is recorded on 21.10.2024 wherein it is stated in the said statement that the applicant has used iron rod.

4] Considering that there is inconsistency in the FIR and supplementary statement and the applicant has attended the concerned police station and has co-operated with the investigation in pursuance of the interim protection, the interim protection granted by order dated 27.11.2024 stands confirmed, on the following conditions : i] The applicant shall attend the concerned police station as and when called 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.

[ARUN R. PEDNEKER] JUDGE DDC