Vijay S/O Vishnupant Pahade v. The State Of Maharashtra, Thr. Pso, Hinganghat, Dist. Wardha

2025:BHC-NAG:7395

(1) 53.aba.494.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.494 OF 2025 Vijay s/o Vishnupant Pahade Vs.

State of Maharashtra, through Police Station Officer, Hinganghat, District Wardha -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. A. M. Jaltare, Counsel for the applicant. Mr. C. A. Lokhande, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 28/07/2025 1.

Apprehending the arrest at the hands of police in connection with Crime No.1696/2024 registered with Police Station Hinganghat, District Wardha for the offence punishable under Sections 115(2), 118(2), 296, 3(5), 324(2) of the Bhartiya Nyaya Sanhita, 2023, the applicant approached this Court for grant of pre-arrest bail.

2.

Heard learned Counsel for the applicant, who submitted that there are cross-complaints filed against each other. The alleged incident has taken place due to the sudden turn of the vehicle by one of the witnesses. He submitted that both party members have assaulted each other and in another crime, the applicants are already protected by this

(2) 53.aba.494.2025 Court. In view of that, the applicant be protected by confirming ad-interim protection in his favour. 3.

Learned APP strongly opposed the said application, however, he fairly submitted that the weapon is already produced and he has already cooperated with the investigating agency. In view of that, he prays for rejection of the application. 4.

On hearing both sides and on perusal of recitals of the FIR, it reveals that the role attributed to the present applicant is of an assault by a stick. The stick is already recovered from the spot. Admittedly, there was a scuffle between both parties and both party members have sustained the injuries. 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 interim protection granted to the present applicant by order dated 09.07.2025 is hereby confirmed.

(iii) The applicant shall attend the concerned police station once in a week on Sunday between 10.00 a.m. to 01.00 p.m. till filing of the charge-sheet and shall cooperate with the investigating agency.

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

(3) 53.aba.494.2025 The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate