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Bombay High CourtABA/454/2025allowed

Dashrath Vishwanath More And ANR. v. The State Of Maharashtra, Thr. Pso, Ps, Risod, Dist. Washim

2025-07-24Hon'Ble Justice Urmila Joshi Phalke3 pages

2025:BHC-NAG:7365

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.454 OF 2025 (Dashrath Vishwanath More and anr. 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. S.V. Sirpurkar, Advocate for the applicant. Mrs. M.A. Barabde, APP for the State.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- JULY 24, 2025.

Apprehending the arrest at the hands of Police in connection with Crime No.319/2025 registered with Police Station Risod, District Washim for the offences punishable under Sections 109, 118(1), 189(2), 189(4), 190, 191(2), 191(3) 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023, the applicants approached to this Court for grant of pre arrest bail.

2.

Learned Counsel for the applicants submitted that due to the previous dispute the alleged incident has taken place and in the said incident both the party members have sustained the injuries. There are cross-complaints filed regarding the said incident. He submitted that, the another Crime No.320/2025 is registered regarding the said incident wherein the accused are already protected by this Court by granting anticipatory bail by observing that in a free fight both the party members have sustained the injuries. As far as the custodial interrogation is concerned, the applicants have

already cooperated with the investigating agency and produced the weapon before the Investigating Officer. In view of that, their custodial interrogation is not required and they be released on anticipatory bail.

3.

Learned APP strongly opposed the said application and submitted that considering the fact that the injured has sustained the grievous injuries and the custodial interrogation of the present applicants is required. In view of that, the application deserves to be rejected. At the same time, she fairly submitted that the applicants have cooperated with the investigating agency and weapons are produced.

4.

On hearing both the sides and on perusal of the recitals of the FIR, it reveals that in a scuffle took place between both the parties both party members have sustained injuries. Now, the applicants have already attended the concerned police station. The weapons are already seized, therefore, the custodial interrogation of the present applicants is not required. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass the following order:

(i) The application is allowed.

(ii) In the event of the arrest, the applicants - 1) Dashrath Vishwanath More and 2) Akash Baburao Jumade in connection with Crime

No.319/2025 registered with Police Station Risod, District Washim for the offences punishable under Sections 109, 118(1), 189(2), 189(4), 190, 191(2), 191(3) 351(2), 351(3) and 352 of the Bharatiya Nyaya Sanhita, 2023, be released on anticipatory bail, on executing P.R. Bond in the sum of Rs.25,000/- each with one solvent surety each in the like amount.

(iii) The applicants shall attend the concerned police station once in a week i.e. on every Monday between 10.00 a.m. and 01.00 p.m., till filing of the charge-sheet and shall cooperate with the investigating agency.

(iv) The applicants 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 contravention of any of the condition would lead to the cancellation of bail.

6.

The application stands disposed of.

(URMILA JOSHI-PHALKE, J.) *Divya