Pralhad S/O Deorao Bodhake v. The State Of Maharashtra, Thr. Pso, Lonar, Tah. Lonar, Dist. Buldhana

2025:BHC-NAG:8358

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 586 OF 2025 Pralhad s/o Deorao Bodhake 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. Mate, counsel h/f Mr. S.I. Ghatte, counsel for applicant Ms. T.H. Udeshi, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 21 /08/2025.

1.

Apprehending the arrest at the hands of police in connection with Crime No. 268/2025 registered with Police Station Lonar, Tq. Lonar, District Buldhana for the offence punishable under Section 105 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 the applicant, a farmer by profession, erected fencing around his agricultural field and connected it to an electric current to protect his crops from wild animals. However, the deceased accidentally came into contact with the said electric fencing, and his death was caused. As far as intention is concerned, there is nothing on record to suggest that the applicant had any intention to cause the death of the deceased. It is merely an accident.

3.

The learned APP strongly opposed the said application and fairly submitted that the incriminating material is already seized, and the applicant has attended the concerned police station and cooperated with the investigating agency.

4.

In view of the submissions made and considering that electric current was erected to the fencing only to protect the wild animals. As far as the custodial interrogation is concerned, which is not required and therefore, the application deserves to be allowed. Accordingly, I proceed to pass the following order.

ORDER

a] The criminal application is allowed.

b] The interim protection granted to the present applicant by order dated 06/08/2025 is hereby confirmed on the condition that, the applicant shall attend the concerned police station 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. c] The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the present case.

5.

The criminal application is disposed of.

CRIMINAL APPLICATION (ABA) NO. 586 OF 2025 1.

While passing an order dated 06/08/2025, the clause-(f) is wrongly mentioned and it is to be corrected as the applicant shall also attend the concerned police station as and when required for investigation purposes upon receiving at least seven days' notice.

[URMILA JOSHI-PHALKE, J.]