Sarfaraz Khan Manu Khan v. State Of Maharashtra Thr. Its Pso, Ps Raipur, Dist. Buldhana
2025:BHC-NAG:3729
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.151 OF 2025 (Sarfaraz Khan Manu Khan Vs. The State of Maharashtra thr. PSO PS Raipur, Dist. Buldhana) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
------------------------------------------------------------------------------------------------------------------------------------- Mr. Ranjeet Singh V. Gahilot, Advocate for Applicant. Ms. M. A. Barabde, APP for Non-Applicant/State. CORAM: URMILA JOSHI PHALKE, J.
DATE: 7 th APRIL, 2025.
1.
Apprehending the arrest at the hands of police in connection with Crime No.22/2025 registered with Police Station Raipur, District Buldhana for the offences punishable under Sections 109, 115(2), 118(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, the applicant approached this Court for grant of bail in the event of his arrest.
2.
Learned counsel for the applicant who submitted that crime is registered on the basis of the report lodged by the informant alleging that due to previous dispute there was quarrel between her husband and the other co-accused and in that incident her husband was assaulted by the other co-accused as well as present applicant. The allegation against the present applicant is only is to the extent of assault by fist and kicks blows. Therefore, his custodial interrogation is not required.
3.
Learned APP strongly opposed for the same on the ground that in furtherance of the common intention husband of the informant was assaulted.
4.
On hearing both the sides and on perusal of the investigation papers it reveals that only allegation against the present applicant is that he has assaulted the husband of the informant by fist and kicks blows. Thus, considering the role attributed to the present applicant. The interim relief granted to the present applicant is deserves to be confirmed. Accordingly, I proceed to pass following order.
O R D E R
(i) The application is allowed.
(ii) The interim protection granted to the present applicant by order dated 06.03.2025 is hereby confirmed on the condition that the applicant shall attend the concerned police station as and when required for the investigating purpose and shall co-operate with the investigating agency.
(iii) The applicant shall not directly or indirectly make any inducement and threat or promise to any person acquainted with the facts of the present case.
5.
The application is disposed of.
(URMILA JOSHI-PHALKE, J.) NSN