Jagdish Kachrulal Rathi v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 ANTICIPATORY BAIL APPLICATION NO. 1061 OF 2025 WITH CRIMINAL APPLICATION NO. 2308 OF 2025 VIJAY PUSARAM BHARADE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER Mr. N. S. Ghanekar, Advocate for the Applicant Mr. A. M. Phule, APP for the Respondent/State Mr. S. S. Patil, Advocate for the Informant

CORAM

: ADVAIT M. SETHNA, J.

DATE : 1 JULY 2025 P. C. :- 1.

Heard learned Advocates for the parties.

2.

Criminal Application No. 2308 of 2025 is filed to assist the PP by the learned Advocate for the Informant. Perused the contents. Case is made out. Application is allowed.

3.

At the very outset learned Advocate for the applicant points out that the co-accused in the present FIR i.e. one Kailash Rameshwar Loya has been granted interim protection in ABA No. 1056 of 2025 by an order dated 27 June 2025.

4.

Learned Advocate for the Applicant would submit that as far as the present Applicant is concerned, the proceedings are arising out of

the same CR as in ABA No. 1056/2025. The roles of this Applicant is similar to that of Kailash Rameshwar Loya in ABA No. 1056/2025. 5.

Mr. Phule, learned APP would fairly would not dispute such position. It is submitted by the prosecution and learned Advocate for the Informant that the Applicant has been issued notices dated 12 May 2025 and 8 June 2025 to furnish certain documents. Learned Advocate for the Applicant, on instructions, would undertake that such notices shall be duly complied by the Applicant on or before the adjourned date of hearing.

6.

Considering the above, in such facts and circumstances, the Applicant is required to be protected at this prima facie stage in terms of the following order.

ORDER

(i) Until adjourned date of hearing, in the event of arrest of the applicant in connection with C.R. No. 0162/2025 registered by M.I.D.C. CIDCO Police Station, District Chhatrapati Sambhajinagar for the offences punishable under Sections 336(1), 336(2), 336(3), 340, 340(2), 316(2), 318(3) r/w 3(5) of the Bharatiya Nyaya Sanhita, the applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs. 20,000 (Rupees Twenty Thousand Only) with one or more sureties in the like amount.

(ii) The Applicant shall cooperate with the investigation and shall attend the concerned police station on every Monday

at 11.30 a.m. until further orders.

(iii) The Applicant shall furnish details of residential address and other contact details such as mobile number etc. to the concerned police station. If there is any change in the contact details, the same shall be immediately intimated to the concerned police station.

(iv) The Applicant shall not leave the jurisdiction of the Court without prior permission/order of the Court, until further orders.

(v) The Applicant shall not influence the witness/s and/or tamper evidence in any manner whatsoever.

7.

Learned APP to communicate this order forthwith to concerned police station.

8.

The protection granted to the Applicant by this order shall continue till the adjourned date of hearing.

9.

Place the present application for further consideration on 18 July 2025 (High On Board) along with ABA No. 1056/2025. (ADVAIT M. SETHNA, J.) ssp