Shankar Vitthal Raut v. Rashid Azizbhai Fazlani And Another
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 956 ANTICIPATORY BAIL APPLICATION NO. 670 OF 2025 Rashid Azizbhai Fazlani
VERSUS
The State Of Maharashtra And Another ...
Advocate for Applicant : Mr. Shinde Dhananjay M. APP for Respondents-State: Mr. N. B. Patil Advocate for Assist to APP : Ms. Kavita S. Bhale ...
WITH CRIMINAL APPLICATION NO. 1525 OF 2025 IN ABA/670/2025 ...
CORAM : ARUN R. PEDNEKER, J.
Dated : May 02, 2025.
PER COURT :- 1.
Heard learned counsel for the applicant and the learned APP for the respondent-State.
2.
The applicant has approached this Court apprehending arrest in connection with FIR No.31/2025 dated 01/03/2025, registered with Sindhkhed Police Station, District Nanded, for the offences punishable under Sections 308(2), 308(3), and 351(2) of the Bharatiya Nyaya Sanhita. 3.
The case against the applicant is that on 26/02/2025 at about 2:18 p.m., the informant received a missed call from the applicant's number. Shortly thereafter, at about 2:20 p.m., the informant called the applicant to enquire about the missed call, the applicant demanded Rs.15,000/- per month, allegedly as protection money, since the informant was engaged in the illegal business of 'Matka' (i.e., the Illegal Lottery System). It is alleged that the applicant introduced himself as a YouTube news channel operator 1 of
956 ABA 670-2025 and threatened to expose the informant's activities unless the amount was paid. The informant initially paid Rs.10,000/- and promised to pay the remaining Rs.5,000/- later. The FIR was thereafter lodged against the present applicant.
4.
The learned counsel for the applicant submits that on the same day, i.e., 26/02/2025, at 2:39 p.m., the applicant had forwarded a video recorded by him to the Superintendent of Police via WhatsApp, highlighting the alleged illegal activities conducted by the informant. The video was possibly also sent by the Superintendent of Police to the concerned Investigating Officer, and an inquiry was initiated. It is contended that after the informant came to know of the said complaint, he lodged a false FIR against the applicant as an act of retaliation. The allegations made by the applicant cannot be outrightly dismissed and appear prima facie probable. 5.
In view of the above, interim protection deserves to be granted to the applicant.
6.
In the meanwhile, there shall be an interim order in the following terms : - A] Till the next date, in the event of the applicant's arrest in connection with FIR No.31/2025 dated 01/03/2025 registered with Sindhkhed Police Station, District Nanded, for 2 of
956 ABA 670-2025 the offences punishable under Sections 308(2), 308(3), and 351(2) of the Bharatiya Nyaya Sanhita, he shall be released on bail on furnishing a PR bond of Rs.20,000/- with one or two sureties in the like amount.
B] The applicant shall remain present before the Investigating Officer as and when required.
C] The applicant shall co-operate with the investigation, including producing all relevant documents in his possession, as may be demanded by the Investigating Officer. D] The applicant shall not influence the informant, any witnesses, or any other person connected with the case, and shall not tamper with the evidence.
7.
Needless to state, any violation of the aforesaid conditions may result in cancellation of this order.
8.
List the matter on 27/06/2025.
( ARUN R. PEDNEKER, J. ) vj gawade/-.
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