Dnyaneshwar Haridas Jadhav v. The State Of Maharashtra, Thr. Pso, Ps, Barshitakli, Tah. Barshitakli, Dist. Akola

2025:BHC-NAG:7216

(1) 939.aba.509.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.509 OF 2025 Dnyaneshwar Haridas Jadhav Vs.

State of Maharashtra, through Police Station Officer, Police Station, Barshitakli, District Akola -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. P. P. Sarise, Counsel for the applicant.

Ms. T. H. Udeshi, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 22/07/2025 1.

Apprehending the arrest at the hands of police in connection with Crime No.217/2025 registered with Police Station Barshitakli, District Akola for the offence punishable under Sections 115(2), 118(1), 3(5), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023, the applicant approached this Court for grant of pre-arrest bail. 2.

Heard learned Counsel for the applicant, who submitted that the crime is registered on the basis of report lodged by Sachin Santosh Jadhav on an allegation that due to the previous enmity on 13.05.2025, the informant, as well as his family members were assaulted by the present applicant and the other family members. As far as the present applicant is concerned, it is alleged that present applicant has assaulted his mother by means of pipe and caused her injuries. On the basis of the said

(2) 939.aba.509.2025 report, police have registered the crime against the present applicant.

3.

Learned Counsel for the applicant submitted that as far as the injuries are concerned, which are of a simple in nature. The injured are already discharged from the hospital, and the custodial interrogation of the present applicant is not required. He is ready to produce the weapon i.e. pipe before the investigating officer. In view of that, he be protected by granting anticipatory bail. 4.

Learned APP strongly opposed the said application and submitted that the custodial interrogation is required for the purpose of recovery of the pipe which is used in assaulting the mother of the informant and several injuries are sustained by the informant. In view of that, the application deserves to be rejected.

5.

On hearing both sides and on perusal of the recitals of the FIR and investigation papers, there is no dispute as to the involvement of the present applicant in the alleged incident. However, the injuries sustained by the injured are of a simple in nature and they are already discharged from the hospital. As far as the custodial interrogation is concerned, which is required only for the purpose of recovery of pipe which can be taken care of by imposing certain conditions on the present applicant. In view of that, I proceed to pass following order:

(3) 939.aba.509.2025

ORDER

(i) The application is allowed.

(ii) In the event of arrest, the applicant Dnyaneshwar Haridas Jadhav shall be released on anticipatory bail in connection with Crime No.217/2025 registered with Police Station Barshitakli, District Akola for the offence punishable under Sections 115(2), 118(1), 3(5), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023, on executing PR Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

(iii) The applicant shall attend the concerned Police Station once in a week on Monday between 10.00 to 1.00 p.m. and shall cooperate with the investigating agency.

(iv) The applicant shall produce the pipe which is used in assaulting the mother of the informant before the investigating officer and the said period shall be considered as his custody for the purpose of Section 23(2) of Bharatiya Sakshaya Adhiniyam, 2023.

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

(vi) The applicant shall attend the proceeding before the trial court without seeking any exemption unless there are exceptional circumstances.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate