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Bombay High CourtABA/268/2025allowed

Jasbir Singh Swarn Singh Gill v. State Of Maharashtra, Thr. Pso, Ps Kapil Nagar, Nagpur(City), Dist. Nagpur

2025-06-13Hon'Ble Justice Urmila Joshi Phalke3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.268 OF 2025 (Jasbir Singh Swarn Singh Gill 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. G.S. Chandok, Advocate for the applicant. Mr. A. Madiwale, APP for the State.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- JUNE 13, 2025.

Apprehending the arrest at the hands of police in connection with Crime No.212/2025 registered with Police Station Kapil Nagar, Nagpur for the offence punishable under Sections 118(1), 296, 189(2), 189(4), 191(3), 190, 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 135 of the Maharashtra Police Act, 1951, the applicant approached to this Court for grant of anticipatory bail.

2.

Learned Counsel for the applicant submitted that the crime is registered on the basis of report lodged by Sandipsingh Balvindarsingh Dhillon on an allegation that the election of the Office Bearers of the Guru Granth Sahib Gurudwara was declared and the present applicant was canvassing for them. During canvassing, they came to his house and abused him and they were also asking about the amount of Rs.20,000/-. In the said incident, the present applicant has assaulted on his back by means of

wooden log, due to which he sustained the injuries. He further submitted that regarding the said incident other cross-complaint is filed wherein it is alleged that the present informant has assaulted the present applicant by means of knife. Thus, considering the cross-complaints are filed against each other about the said incident, the applicant be protected by granting anticipatory bail. He has already cooperated with the investigating agency. 3.

Learned APP strongly opposed the application on the ground that specific role is attributed to the present applicant. In view of that, the custodial interrogation of the applicant is required, and therefore, the application deserves to be rejected.

4.

I have heard learned Counsel for both the sides. On perusal of the recitals of both the FIR and the investigation papers it reveals that the counter allegations are levelled against each other. The allegations also levelled against the present informant that he has assaulted by means of the knife. Considering that in the scuffle both the party members have sustained the injuries. The applicant has made out a case for grant of anticipatory bail. Accordingly, I proceed to pass following order:

(i) The application is allowed.

(ii) In the event of arrest, the applicant - Jasbir Singh Swarn Singh Gill in connection with Crime No.212/2025 registered with Police Station Kapil Nagar, Nagpur for the offence punishable under Sections 118(1), 296, 189(2), 189(4), 191(3), 190, 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 135 of the Maharashtra Police Act, 1951, be released on anticipatory bail on executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety each in the like amount.

(iii) The applicant shall attend the concerned police station once in a week i.e.

on every Monday between 10.00 AM and 1.00 PM and shall cooperate with the investigating agency.

(iv) 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 stands disposed of.

(URMILA JOSHI-PHALKE, J.) *Divya