Ankush S/O Vishnu Parde v. The State Of Maharashtra, Thr. Pso, Risod, Ps Risod, Tq. Risod, Dist. Washim

1 919 aba 437-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.437/2025 Ankush S/o Vishnu Parde Vs.

State of Maharashtra thr. P.S.O., P.S., Risod, District Washim - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri B.T. Parwe, Advocate for applicant Ms T.H. Udeshi, APP for Non-applicant/State CORAM :

URMILA JOSHI-PHALKE, J.

DATED : 03/07/2025 Apprehending the arrest at the hands of police in connection with Crime No.266/2025 registered with Police Station Risod, District Washim, for the offence punishable under Sections 74, 118(1), 115(2), 352, 351(2), 351(3), 189(2), 191(2), 191(3), 190 of the Bhartiya Nyay Sanhita (BNS) Act, 2023. The applicant approached to this Court for grant of pre-arrest bail.

2.

Heard learned Counsel for the applicant. who submitted that on 31.03.2025, there was quarrel between the informant and the family members of the present applicant on account of which, the informant and his family members were assaulted by the present applicant and the other co-accused. As far as the present applicant is concerned, it is alleged that he has assaulted by means of iron rod, which was seized from the spot of incident. Thus, as far as the custodial interrogation is concerned, which is not required. In

2 919 aba 437-2025 view of that he prayed for the grant of anticipatory bail.

3.

Learned APP strongly opposed the said application and submitted that due to the assault, the injured has sustained the grievous injuries and, therefore, the custodial interrogation of the present applicant is required.

4.

On hearing both sides and on perusal of investigation papers, it reveals that there is no dispute that the injured has sustained the grievous injury in the nature of fracture injury, but now the iron rod is already seized. As far as the assault by knife is concerned, which is attributed to the other co-accused. In view of that the application deserves to be allowed. Accordingly, I proceed to pass the following order.

ORDER

(i) The application is allowed.

(ii) In the event of arrest, in connection with Crime No.266/2025 registered with Police Station Risod, District Washim, for the offence punishable under Sections 74, 118(1), 115(2), 352, 351(2), 351(3), 189(2), 191(2), 191(3), 190 of the Bhartiya Nyay Sanhita (BNS) Act, 2023, the applicant - Ankush s/o Vishnu Parde be released on ad-interim anticipatory bail on executing a P.R. Bond in the sum of Rs.25,000/- with one solvent surety, in the like amount.

3 919 aba 437-2025 (iii) The applicant shall attend the concerned Police Station once in a week i.e. on every Monday between 10.00 a.m. to 1.00 p.m. and shall co-operate with the investigating agency. (iv) The applicant shall not induce threat or promise to any witnesses who are acquainted with the facts of the present case.

(v) The applicant shall not indulge himself in similar type of the activities and single incident if reported to the police would lead to cancellation of bail.

5.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) R.S.Sahare