Swapnil Ashok Bhavsar v. The State Of Maharashtra

2025:BHC-AUG:3697

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 39 ANTICIPATORY BAIL APPLICATION NO. 2032 OF 2024 SWAPNIL ASHOK BHAVSAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Sawant Amol Shivajirao APP for Respondent/State: Mr. S. P. Sonpawale ...

...

CORAM : ARUN R. PEDNEKER, J.

DATE : 10.02.2025 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.211/2024, registered at Dondaicha Police Station, District Dhule, for the offences punishable under Sections 109, 118(2), 189, 190, 191, 115(2), 352, 351(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023 & under Sections 125, 37(1), 37(3), 135 of the Maharashtra Police Act, 1951.

3] This court granted interim protection to the applicant by order dated 30.01.2025 considering the submission at paras 3 and para 4, as under:

"3] The learned counsel for the applicant submits that earlier FIR is lodged against the informant and others by the Police Head Constable in respect of same incident and to give counter to the said FIR, the present FIR is lodged by the informant against the applicant. He submits that nothing is to be recovered from the applicant.

4] The learned APP submits that injuries caused are simple in nature and there are no external injuries."

4] The learned counsel for the applicant submits that after the interim order the applicant has attended the concerned police station and cooperated with the investigation. There is no voice raised by the learned APP against this statement. Considering the same, the interim protection granted earlier deserves to be confirmed. 5] In view of the above, the interim protection granted by order dated 30.01.2025 stands confirmed, on the following terms:

i] The applicant shall attend the 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.

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

7] 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.

8] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE marathe