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Bombay High CourtABA/181/2025allowed

Dharmendra Anandrao Meshram v. State Of Maharashtra Thr. Pso, Ps, Yashodhara Nagar, Nagpur

2025-04-24Hon'Ble Justice Urmila Joshi Phalke3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.181 OF 2025 (Dharmendra Anandrao Meshram Vs. The State of Maharashtra thr. PSO Police Station Yashodhara Nagar, Nagpur) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. N. B. Bargat, Advocate for Applicant.

Mr. M. K. Pathan, APP for Non-Applicant/State. CORAM: URMILA JOSHI PHALKE, J.

DATE: 24 th APRIL, 2025.

1.

Apprehending the arrest at the hands of police in connection with Crime No.146/2025 registered with Police Station Yashodhara Nagar, Nagpur, District Nagpur for the offence punishable under Section 118(2) of the Bharatiya Nyaya Sanhita, 2023, the applicant approached this Court for grant of pre-arrest bail.

2.

Heard learned counsel for the applicant who submitted that from the recitals of the FIR it reveals that two counter complaints are filed by the two brothers against each other. There appears to be dispute between the two brothers on account of the property and both brothers have sustained the injuries in the said incident. He submitted that considering the nature of the allegations, the custodial interrogation is not required. In view of that, the interim protection granted to the present applicant deserves to be confirmed.

3.

Learned APP strongly opposed for the same on the ground that the weapon of the offence is seized, and therefore, the custodial interrogation is required. At the same time, the learned counsel for the applicant fairly stated that the applicant has co-operated with the investigating agency and the weapon is also seized.

4.

On hearing both the sides and on perusal of the investigation papers now weapon is already seized. The applicant has already co-operated with the investigating agency therefore, his incarceration is not required. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass following order:

O R D E R

(i) The interim protection granted to the present applicant by order dated 18.03.2025 is hereby confirmed on the condition that he shall attend the concerned police station once in a week i.e. on every Monday between 10:00 a.m.

and 1:00 p.m. till filing of the charge-sheet and shall co-operate with the investigating agency.

(ii) 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.

5.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) NSN