Ravindra S/O Dayaram Kokane v. State Of Maharashtra Thr. Police Officer, P.S. Mana, Tq. Murtizapur, Dist. Akola
2025:BHC-NAG:5247
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 155 OF 2025 Ravindra S/O Dayaram Kokane 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. A.N. Shinde, counsel for applicant.
Mr. N.B. Jawade, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.
DATED : 08/05/2025.
1.
Apprehending the arrest at the hands of police in connection with Crime No.40/2025 registered with Police Station Mana, District Akola for the offences punishable under Sections 74 and 76 of the Bharatiya Nyaya Sanhita, 2023, the applicant approached this Court for grant of prearrest bail. 2.
Heard learned counsel for the applicant, who submitted that considering the allegation levelled against the present applicant that the applicant caught hold of the hand of the informant with bad intention and pulled the saree is not sufficient to attract the offence of outraging modesty. In fact, due to the previous enmity, this false and baseless allegations are levelled against him. He has already attended the concerned police station. In view of that, the interim protection granted to the present applicant deserves to be confirmed.
3.
Learned APP strongly opposed the said application and submitted that the investigating officer has filed the affidavit showing that the applicant has not attended the police station and is not cooperating with the investigating agency, in view of that, the application deserves to be rejected.
4.
On hearing both sides and on perusal of the recitals of the FIR and the Cross-FIR, it reveals that, out of the previous dispute, two cross complaints are filed against each other. Considering the allegation as it is, at this stage, the custodial interrogation of the applicant is not required. However, the applicant has to cooperate with the investigating agency, and the investigating officer shall interrogate him whenever he attends the police station. In view of that, I proceed to pass the following order.
ORDER
a] The criminal application is allowed.
b] The interim protection granted to the present applicant by order dated 07/03/2025 is hereby confirmed on condition that he shall attend the concerned police station once in a week on every Monday between 10.00 AM and 1.00 PM and shall cooperate with the investigating agency.
c] Considering the complaint is made by the applicant against the Investigating Officer, the Investigating Officer is directed to conduct the investigation in
accordance with law. The applicant shall cooperate with the investigation as required, and the investigating officer shall ensure that unnecessary repeated appearances are avoided, subject to further directions of this Court.
d] The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case, either personally or by way of electronic media.
e] The non-cooperation of the present applicant, the relief granted to the present applicant by way of anticipatory bail deserves to be cancelled.
Criminal application is disposed of accordingly.
[URMILA JOSHI-PHALKE, J.]