Shiva @ Akash Pruthviraj Tiwari v. The State Of Maharashtra, Thr. Pso, Ps Yavatmal City, Tq. And Dist. Yavatmal
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.219 OF 2025 (Shiva @ Akash Pruthviraj Tiwari Vs. The State of Maharashtra thr. PSO PS Yavatmal City, Tq. & Dist. Yavatmal) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
------------------------------------------------------------------------------------------------------------------------------------- Mr. R. M. Daga, Advocate for Applicant.
Mr. C. A. Lokhande, APP for Non-Applicant/State. CORAM: URMILA JOSHI PHALKE, J.
DATE: 28 th MARCH, 2025.
1.
Apprehending the arrest at the hands of police in connection with Crime No.233/2025 registered with Police Station Yavatmal City, District Yavatmal for the offence punishable under Sections 318(4), 336(2), 336(3), 340(2) and 3(5) of the Bharatiya Nyaya Sanhita 2023, the applicant approached this Court for grant of pre-arrest bail. 2.
The applicant is apprehending arrest at the hands of police as crime is registered on the basis of report lodged by Pritesh @ Lucky Jaiswal alleging that the co-accused have prepared the forged document and prepared the forged sale-deed of his property which is owned by him. On the basis of the said report police have registered the crime.
3.
Learned counsel Mr. Daga submitted that as far as the present applicant is concerned his name is not mentioned in the FIR. In M.C.R. report dated 26.02.2025
first time his name appearing in the said remand report. However, no specific role is attributed to him as far as immediate custodial interrogation is concerned which is not required. In view of that, he be protected by grating ad-interim anticipatory bail.
4.
Learned APP strongly opposed the same on the ground that his custodial interrogation is required. 5.
On perusal of the recitals of the FIR wherein the name of the present applicant is not mentioned. The remand report also not discloses the act of the present applicant. Considering the same at this stage, immediate custodial interrogation is not required. In view of that, the prayer for grant of ad-interim protection deserves to be allowed. Accordingly, I proceed to pass following order:
O R D E R
(i) Till disposal of the main application by Additional Sessions Judge, Yavatmal in Criminal Application (BA) No.108/2025, in the event of the arrest the applicant - Shiva @ Akash Pruthviraj Tiwari in connection with Crime No.233/2025 registered with Police Station Yavatmal City, District Yavatmal for the offence punishable under Sections 318(4), 336(2), 336(3), 340(2) and 3(5) of the Bharatiya Nyaya Sanhita 2023, be released on anticipatory bail on executing a P.R. bond in the sum of
Rs.25,000/- with one solvent surety in the like amount.
(ii) The applicant shall attend the concerned police station once in a week i.e. on every Monday between 10:00 a.m. to 01:00 p.m. and shall co-operate with the investigating agency. (iii) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the present case.
6.
The Criminal Application (ABA) No.219/2025 is disposed of.
7.
Steno copy allowed.
(URMILA JOSHI-PHALKE, J.) NSN