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Bombay High CourtABA/42/2025allowed

Hajra Bi Imran Khan v. State Of Maharashtra Thr Pso Ps Pinjar Tq. Barshitakli Dist. Akola

2025-03-17Hon'Ble Justice Urmila Joshi Phalke3 pages

2025:BHC-NAG:2813

(1) 44.aba.42.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.42 OF 2025 Hajra Bi Imran Khan Vs.

State of Maharashtra, through Police Station Officer, Police Station, Pinjar, District Akola -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Parth L. Sagdeo, Counsel for the applicant. Ms. M. A. Barabde, APP for the non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 17/03/2025 1.

Apprehending the arrest at the hands of police in connection with Crime No.407/2024 registered with Police Station, Pinjar, District Akola for the offence punishable under Sections 132 121(1), 125, 189(2), 191(2) and 190 of the Bharatiya Nyaya Sanhita, 2023.

2.

Heard learned Counsel for the applicant, who submitted that allegation against the present applicant is that around 15 persons gathered in front of outpost Mahan and were trying to create a nuisance by pelting stones and also abusing in filthy language at the complainant, who was trying to save himself from the assault and thus, committed the offence of riot. He submitted that as far as the present applicant is concerned, the general

(2) 44.aba.42.2025 allegations are levelled against her. The co-accused against whom the similar allegations are levelled is already released on bail by this Court by granting adinterim protection. In view of that, the applicant be protected by granting anticipatory bail.

3.

Learned APP strongly opposed the said application on the ground that the applicant and the other accused in furtherance of their common intention committed the offence of riot. In view of that, the application deserves to be rejected. 4.

On hearing both sides and on perusal of the investigation papers, it reveals that the omnibus allegations are levelled against the present applicant. There is no specific role attributed to her. Now the other co-accused against whom the similar allegations are levelled are also released on bail. In view of that the application deserves to be allowed. Accordingly, I proceed to pass following order:

ORDER

(i) The application is allowed.

(ii) In the event of arrest, the applicant Hajra Bi Imran Khan shall be released on anticipatory bail in connection with Crime No.407/2024 registered with Police Station, Pinjar, District Akola for the offence punishable under Sections 132, 121(1), 125, 189(2), 191(2) and 190 of the Bharatiya Nyaya Sanhita, 2023,

(3) 44.aba.42.2025 on executing PR Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

(iii) The applicant shall not induce, threat of promise any witnesses who are acquainted with the facts of the case.

(iv) The applicant shall attend the concerned Police Station as and when required for the investigation purpose.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate