Ashok Bhikaji Manjare v. State Of Maharashtra Thr Officer-In-Charge Of Ps Shegaon City Shegaon Dist. Buldhana

2025:BHC-NAG:2713

(1) 21.aba.41.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.41 OF 2025 Ashok Bhikaji Manjare Vs.

State of Maharashtra, through Officer-In-Charge of Police Station Shegaon City Shegaon, District Buldhana -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. H. R. Gadhia, Counsel for the applicant.

Ms. H. N. Prabhu, APP for the non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 05/03/2025 1.

The application is preferred for grant of pre-arrest bail in connection with Crime No. 713/2024 registered with Police Station, Shegaon City, Dist. Buldhana for the offences punishable under Sections 74, 296, 115(2), 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

2.

Heard learned Counsel for the applicant who submitted that out of the land dispute, the alleged incident has taken place. The parties are relatives of each other. He submitted that after the applicant released on ad-interim anticipatory bail, he has cooperated with the investigating agency. The statements of the relevant witnesses are already recorded. As far as the custodial interrogation is concerned, which is not required.

(2) 21.aba.41.2025 3.

Learned APP strongly opposed the said application and submitted that there is a previous dispute between the parties and the applicant is also involved in outraging the modesty of the victim, and therefore, the application deserves to be rejected. 4.

On perusal of the recitals of the FIR and various statements of the witnesses, it is evident that there is a land dispute between the parties. The parties are relatives to each other. Out of a land dispute, the alleged incident has occurred. As far as the custodial interrogation is concerned, which is not required and therefore, the application deserves to be allowed. Accordingly, I proceed to pass following order:

ORDER

(i) The application is allowed.

(ii) The interim order passed by this Court on 17.01.2025 granting ad-interim protection is hereby confirmed on the condition that the applicant shall attend the concerned Police Station Shegaon City, District Buldhana once in a week on Monday between 10.00 a.m.

to 1.00 p.m. till filing of the charge-sheet. (iii) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.

(iv) The applicant shall not enter into the vicinity of Rajeshwar Colony, Aalasna Road, Shegaon, till filing of the charge-sheet.

(3) 21.aba.41.2025 The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate