Umesh Tanhaji Waydande v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 ANTICIPATORY BAIL APPLN. NO. 2055 OF 2024 UMESH TANHAJI WAYDANDE

VERSUS

THE STATE OF MAHARASHTRA & ANOTHER ...

Advocate for Applicant : Mr.A.N.Barhate Patil APP for Respondent-State : Mr.G.O.Wattamwar ...

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. 0337/2024, registered with Loni Police Station, Taluka Rahata, District Ahmednagar, for the offence punishable under Section 395, 397, 365, 342, 341, 506 of the IPC.

3] This Court, by order dated 17.02.2025, has granted interim protection in favour of the applicant for the submissions and reasons stated in para nos.3 and 4, as noted below :

3.

The allegations against the applicant and the other co-accused are that they assaulted the informant with an iron rod, snatched Rs.3000/- from the informant's pocket, forced the informant and his accomplice to sit in their car, took them to the house of co-accused Nanasaheb Gaiwakd, and unloaded potato bags from the informant's vehicle.

4.

The main accused is said to have been arrested and released on bail. There are no antecedents against the applicant / accused. The learned APP submits that the identification parade for the present applicant is yet to be conducted. Considering that there are no antecedents against the applicant, interim protection is granted in favour of the applicant.

4] The learned counsel for the applicant submits that the applicant has attended the concerned police station and has co-operated with the investigation.

5] The learned APP submits that the applicant is connected with the other accused, as such, direct involvement of the applicant is seen in the alleged crime. 6] There are no antecedents against the present applicant, so also, the main accused is arrested and released on bail and considering the nature of offence and cooperation of the applicant in the investigation and the investigation is nearby completed, further custodial interrogation of the applicant is not necessary. In view of the same, the interim protection granted by order dated 17.02.2025 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