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Bombay High CourtABA/477/2025allowed

Shrikrushna Tulshiram Ingale v. The State Of Maharashtra, Thr. Pso, Anjangaon Suji, Dist. Amravati

2025-07-17Hon'Ble Justice Urmila Joshi Phalke3 pages

2025:BHC-NAG:6996

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 477 OF 2025 Shrikrushna Tulshiram Ingale 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.R. Bhake, counsel for applicant.

Mr. A.M. Ghogare, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 17/07/2025.

1.

Apprehending the arrest at the hands of police in connection with Crime No.231/2025 registered with Police Station Anjangaon, District Amravati for the offences punishable under Sections 3(5), 351(2), 352, 118(2) and 109(1) of the Bharatiya Nyaya Sanhita, 2023, the applicant approached this Court for grant of anticipatory bail.

2.

Learned counsel for the applicant submitted that the crime is registered on the basis of a report lodged by Meena Sunil Ingale on an allegation that on 15/04/2025 the present applicant and the other coaccused came in front of her house, gave a call to her son, and thereafter assaulted him by means of a stick. On the basis of the said report, police have registered the crime against the present applicant. He submitted that as far as the allegations are concerned, they are false due to the previous enmity between them. Even

accepting the allegation as it is, there is no allegation that the present applicant has assaulted on any vital part of the body. In view of that, he be protected by granting anticipatory bail.

3.

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

4.

On hearing both sides and on perusal of the investigation papers, it reveals that the allegation against the present applicant is that he has assaulted by means of stick on the right and left hands of the injured. Thus, the allegation is not that the assault is on the vital part of the body by the present applicant. The statement of the witnesses and the injury certificate are also on record, which shows that the role attributed to the present applicant is only role to the extent of assault by stick on his hand. The stick is already recovered, and the investigation appears to have been completed practically. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass the following order.

ORDER

a] Criminal application is allowed.

b] The interim protection granted to the applicant by order dated 02/07/2025, is hereby confirmed.

c] The applicant shall attend the concerned police station once in a week on every Monday between 10.00 a.m. to 01.00 p.m. and shall cooperate with the investigating agency.

d] 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.

e] The applicant shall not indulge himself in similar type of the activities.

f] The applicant shall attend the proceedings before the trial Court without seeking any exemption unless there are exceptional circumstances.

Criminal application is disposed of.

[URMILA JOSHI-PHALKE, J.]