Rohit Ramesh Patil v. State Of Maharashtra Thr Pso Ps Awadhutwadi Yavatmal

(1) 906.A.B.A.445-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 445 OF 2025 Rohit Ramesh Pali Vs.

State of Maharashtra, Through PSO, Police Station Awadhutwadi, Dist. Yavatmal -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. P.R. Chakole, Advocate for the applicant. Mr. H.N. Prabhu, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 10/07/2025 1.

Apprehending the arrest at the hands of Police in connection with Crime No.680/2025 registered with Police Station Awadhutwadi, District Yavatmal for the offenses punishable under Sections 78 and 79 of the Bhartiya Nyaya Sanhita, 2023, the applicant approached to this Court for grant of perarrest bail. 2.

Heard Learned Counsel for the applicant, who submitted that the crime is registered on the basis of report lodged by victim aged about 40 years on an allegation that the present applicant has outraged the modesty as well as sexually harassed her by showing his private parts through video calls. On the basis of the said report, Police have registered the crime against the present applicant. He invited my attention towards the whatsapp chat between the present applicant and the informant and submitted

(2) 906.A.B.A.445-2025 that there was consensual relationship which was broken due to some reasons and, therefore, the false report is lodged. He submitted that, as far as the custodial interrogation is concerned, which is not required. In view of that the interim protection granted to the present applicant deserves to be confirmed.

3.

Learned APP strongly opposed the said application and submitted that, there appears to be a monetary transaction between the present applicant and the informant as well as from the nature of allegation, it reveals that the custodial interrogation of the present applicant is required. She further submitted that during the pendency of this application, the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act are also applied. 4.

On hearing both the sides and on perusal of the investigation papers, it reveals that there was a relationship between the present applicant and the informant, which reveals from the whatsapp chat. It further reveals that there was a monetary transaction between them also. Considering the nature of the allegations except the seizure of the mobile phone, no custodial interrogation is required. The applicant has already co-operating with the investigating agency and attended the Police Station. In view of that prayer for grant of anticipatory bail deserves to

(3) 906.A.B.A.445-2025 be allowed. Accordingly, I proceed to pass the following Order :-

O R D E R

i.

The application is allowed.

ii.

Interim protection is granted to the present applicant by order dated 25.06.2025 is hereby confirmed on the condition that the applicant shall attend the concerned Police Station once in a week on 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 case either personally or by way of electronic media.

iv.

The applicant shall not enter in the jurisdiction of Awadhutwadi Police Station, till further orders.

5.

The criminal application is disposed of.

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