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Bombay High CourtABA/22/2025allowed

Uttam S/O Devaji Kove And Other v. The State Of Maharashtra Through Pso Ps Chamorshi Dist Gadchiroli

2025-03-04Hon'Ble Justice Urmila Joshi Phalke2 pages

2025:BHC-NAG:2362 38.aba.22.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.22 OF 2025 (Uttam s/o Devaji Kove and ors. Vs. State of Maharashtra) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. S. Umredkar, Advocate h/f Mr. A.C. Jaltare, Advocate for the applicants. Mr. A. Ghongre, APP for the State.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- MARCH 4, 2025.

Apprehending the arrest at the hands of police in connection with Crime No.375/2023 registered with Police Station Chamorshi, District Gadchiroli for the offences punishable under Sections 332, 353, 504 and 506 read with Section 34 of the IPC, the applicants approached this Court for grant of pre-arrest bail. 2.

Learned Counsel for the applicants submitted that the applicants were travelling in a bus wherein there was hot exchange of words between the Conductor of the bus and the present applicants. It is alleged that present applicants were under the influence of liquor and some abuses were uttered by the present applicants and assaulted the Conductor by means of fist and slaps. On the basis of the said report, police have registered the crime against the present applicants. He submitted that, as far as custodial interrogation is concerned which is not required as nothing is to be recovered from them. During the hot exchange of words there was manhandling. Except that nothing is happened as considering the manner in which

38.aba.22.25.odt the alleged incident has taken place, the applicant be protected by granting anticipatory bail.

3.

Learned APP strongly opposed the application on the ground that the informant who was Conductor of the said bus was unnecessarily harassed and assaulted by the present applicants, and therefore, the application deserves to be rejected.

4.

On perusal of the recitals of the FIR it reveals that during travelling some hot exchange of words were exchanged between them and out of that the alleged incident has taken place. As far as custodial interrogation is concerned which is not required, as nothing is to be recovered from the present applicants. In view of that, the interim protection granted to the present applicants vide order dated 10/01/2025 deserves to be confirmed. 5.

Hence, the application is allowed.

6.

The interim bail granted to the applicants vide order dated 10/01/2025 is hereby confirmed on the similar terms and conditions.

7.

The applicant shall attend the concerned police station once in a week that is on every Monday between 10:00 AM to 1:00 PM, till filing of the charge-sheet.

8.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) *Divya