Ketan S/O Balu Shende v. The State Of Maharashtra, Thr. Pos, Saddardara Ps, Nagpur

2025:BHC-NAG:6190

(1) 943.ba.631.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.631 OF 2025 Ketan s/o Balu Shende Vs.

State of Maharashtra, through Police Station Officer, Sakkardara Police Station, Nagpur -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. A. A. Korpenwar, Counsel for the applicant. Mr. M. J. Khan, APP for non-applicant/State.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 01/07/2025 1.

The applicant is arraigned as an accused in connection with Crime No.125/2025 registered with Police Station Sakkardara, Nagpur, District Nagpur for the offence punishable under Sections 3(5), 352, 109 of the Bharatiya Nyaya Sanhita, 2023.

2.

As per the allegation levelled against the present applicant, on the basis of the report lodged by Ankit Amarsingh Farraiya, during the scuffle between the informant and the other co-accused, present applicant has abused the informant and other prosecution witnesses. On the basis of the same, he is arraigned as an accused.

3.

Heard learned Counsel for the applicant, who submitted that limited role is attributed to the

(2) 943.ba.631.2025 present applicant, his further incarceration is not required.

4.

Learned APP strongly opposed the said application and submitted that, considering that in furtherance of common intention, the act is committed by the other co-accused, the application deserves to be rejected.

5.

On hearing both sides and on perusal of the investigation papers, it reveals that a limited role is attributed to the present applicant to the extent of abuses. Thus, considering the same, his further incarceration is not required. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass following order:

ORDER

(i) The application is allowed.

(ii) The applicant Ketan s/o Balu Shende shall be released on bail in connection with Crime No.125/2025 registered with Police Station Sakkardara, Nagpur, District Nagpur for the offence punishable under Sections 3(5), 352, 109 of the Bharatiya Nyaya Sanhita, 2023, on executing PR Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

(iii) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.

(3) 943.ba.631.2025 (iv) The applicant shall attend the proceeding before the trial Court without seeking any exemption unless there are exceptional circumstances.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate