Hrushikesh Gopal Ingole v. The State Of Maharashtra, Thr. Pso, Washim City, Ps, Washim City, Tq. Dist. Washim
2025:BHC-NAG:7587
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (ABA) NO.510 OF 2025 (Hrushikesh Gopal Ingole 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. P.R. Agrawal, Advocate for the applicant. Mr. N.R. Rode, APP for the State.
CORAM:- URMILA JOSHI-PHALKE, J.
DATED :- JULY 30, 2025.
Inadvertently, in the order dated 11/07/2025 in operative portion of the order i.e. clause (iii) the word "B.N.S." is mentioned. It should be corrected as "B.S.A.". 2.
The correction be carried out in the order dated 11/07/2025 and corrected order be uploaded accordingly.
3.
Apprehending the arrest at the hands of police in connection with Crime No.464/2025 registered with Police Station Washim, District Washim for the offence punishable under Sections 191(3), 191(2), 191(1), 190, 189(4), 189(2), 127(1), 109 of the Bharatiya Nyaya Sanhita, 2023, the applicant approached to this Court for grant of pre arrest bail.
4.
Learned Counsel for the applicant submitted that the crime is registered on the basis of a report lodged
by Mohammad Iliyaz Abdul Rajjak, on an allegation that there was a previous quarrel between them and due to that previous quarrel the applicant on 12.05.2025 along with the other co-accused came holding weapons in their hands and assaulted one Sheikh Tajim by means of Axe, due to which the said Sheikh Tajim has sustained grievous injury. Learned Counsel submitted that as far as the present applicant is concerned, the role attributed to him is that he has used the stick in assault. There are no repeated blows, no overt act is attributed to him. He has already cooperated with the investigating agency. Though he has shown his readiness to produce the stick but the Investigating Officer has not accepted the same. In view of that, the interim protection granted to the applicant deserves to be confirmed.
5.
Learned APP strongly opposed said application and invited my attention towards the observation of the learned Sessions Judge as well as the investigation papers and submitted that the involvement of the present applicant reveals from the investigation papers and for the purpose of recovery of the stick, his custodial interrogation is required. In view of that, the application deserves to be rejected.
6.
On hearing both sides and on perusal of the investigation papers it reveals that no overt act is attributed to the present applicant. As far as the recovery of the stick is concerned which can be taken care of by
imposing certain conditions on the present applicant. Accordingly, I proceed to pass the following order: (i) The application is allowed.
(ii) In the event of the arrest, the applicant - Hrushikesh Gopal Ingole in connection with Crime No.464/2025 registered with Police Station Washim, District Washim for the offence punishable under Sections 191(3), 191(2), 191(1), 190, 189(4), 189(2), 127(1), 109 of the Bharatiya Nyaya Sanhita, 2023, be released on anticipatory bail, on executing P.R. 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 i.e.
on every Monday between 10.00 a.m. and 01.00 p.m. and shall cooperate with the investigating agency.
(iv) The applicant shall produce the stick before the Investigating Officer by attending the police station on the next Monday and the said period will be considered as his custody for the purpose of Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023.
(v) 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.
7.
The contravention of any of the condition would lead to the cancellation of bail.
8.
The application stands disposed of.
(URMILA JOSHI-PHALKE, J.) *Divya