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Bombay High CourtABA/2003/2024application allowed

Nitin Balaji Sonkamble v. The State Of Maharashtra

2025-08-01Hon'Ble Shri Justice Advait Mahendra Sethna4 pages

2025:BHC-AUG:20388 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 ANTICIPATORY BAIL APPLICATION NO. 2003 OF 2024 NITIN BALAJI SONKAMBLE

VERSUS

THE STATE OF MAHARASHTRA Mr.G.J.Karne, Advocate for the Applicant.

Mr.K.K.Naik, APP for the Respondent/State.

( CORAM : ADVAIT M. SETHNA, J. ) DATE : 01 AUGUST 2025 P. C. :

1.

Heard learned Advocate for the Applicant and the learned APP for the Respondent/State.

2.

At the very outset, my attention is drawn to an order dated 3 December 2024 passed by this Court, whereby the Applicant has been protected by the terms and conditions imposed in paragraph No.2 of the said order. The details with regard to the FIR, the incident, etc. have been noted by the Court in the said order. Pursuant to the said order and according to the Applicant, he has complied with those terms and conditions inter alia by attending the Police Station as and when required. However, the learned APP has somewhat a different version.

- 2 - The Investigating Officer is present in the Court. Under instructions, the learned APP would submit that the Applicant has not attended the Police Station on certain dates. This would be covered in the order passed below. However, it is undisputed that the alleged weapon namely stick, which is used in the offence, is duly recovered in these proceedings. There is no further recovery to be effected. As far as prima facie case is concerned, there is nothing adverse brought on record after order dated 3 December 2024, by the prosecution. The Applicant does not have any criminal antecedents. 3.

In such view of the matter, custodial interrogation of the Applicant would not serve the purpose. Thus, it would be just and expedient to confirm the order dated 3 December 2024 by passing the following order:-

O R D E R

(i) In the event of arrest of the Applicant in connection with Crime No.0177/2024, registered with Mukhed Police Station, District Nanded, for the offence punishable under Sections 25(4) of the Arms Act and under Sections 120-B, 143, 147, 307, 148, 149, 326, 324, 323, 341, 384, 506, 386, 387, 427, 385 of the B.N.S., the Applicant is directed to be released on bail on furnishing PR bond in the sum of Rs. 20,000 (Rupees Twenty Thousand Only) with one solvent surety in the like

- 3 - amount.

(ii) The Applicant shall attend the concerned Police Station on Saturday, i.e.2 August 2025, Monday i.e. 4 August 2025, Wednesday i.e. 6 August 2025 and Friday i.e. 8 August 2025 at 11.30 AM without fail and then as and when required until filing of the charge sheet.

(iii) The Applicant shall furnish details of residential address and other contact details such as the mobile number etc. to the concerned police station. If there is any change in the contact details, the same shall be immediately informed to the concerned police station.

(iv) The applicant shall not leave the jurisdiction of the Court without prior permission of the Court, until filing of the charge sheet.

(v) The Applicant shall not contact and/or influence the witness/es and/or tamper with the evidence in any manner whatsoever.

4.

Needless to mention that the observations made above are prima facie for the purpose of adjudication of this Anticipatory Bail Application and considering the grievance made by the prosecution, specific directions have been issued to the Applicant, which are the part

- 4 - of the conditions set out above. If there is any complaint with regard to the same by the Investigating Officer of any non compliance, that may result in the Applicant loosing the protection, which is granted to him by this Court.

5.

The Anticipatory Bail Application is Allowed in the above terms.

( ADVAIT M. SETHNA, J.)