Milind Mohan Khatal v. The State Of Maharashtra And Another

2025:BHC-AUG:7202

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 ANTICIPATORY BAIL APPLN. NO. 2091 OF 2024 MILIND MOHAN KHATAL

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr.Amol S. Gandhi APP for Respondent-State : Mr.S.K.Shirse ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 12.03.2025 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.1087/2024, registered with Shrirampur City Police Station, District Ahmednagar, for the offences punishable under sections 105 and 106 (1) of the Bharatiya Nyaya Sanhita, 2023.

3] This Court, by order dated 10.01.2025, 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 learned APP submits that there is video recording in respect of the incident done by the applicant himself.

4] To ascertain the role of the applicant, the examination of the mobile of the applicant is necessary. The applicant submits that he would surrender his mobile phone to the Investigating Officer...

4] The learned counsel for the applicant submits that in terms of the aforesaid order, the applicant has surrendered his mobile phone and has co-operated with the investigation.

5] The learned APP submits that the mobile seized from the applicant is yet to be sent for forensic. 6] Prima facie, the prosecution is not able to show anything adverse against the applicant and considering that the mobile seized from the applicant is in custody of the investigating officer, the interim protection granted by order dated 10.01.2025 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