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Bombay High CourtAPEAL/969/2025disposed off

Mukesh Lallu Prasad Yadav v. State Of Maharashtra And ANR

2025-10-01Hon'Ble Shri Justice R. M. Joshi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.969 OF 2025 by SATISH RAMCHANDRA SANGAR Date:

2025.10.07 19:51:46 +0530 Mukesh Lallu Prasad Yadav ...Appellant SATISH RAMCHANDRA SANGAR V/s.

The State of Maharashtra and Anr.

...Respondents

***** Mr.Gaurav Lele a/w Mr.Ashutosh Dubey, Ms.Malavi Katkar:- Advocates for Appellant.

Mr.H.J.Dedhia:- APP for Respondent No.1-State.

Mr.Usman Pathan - PSI:- Vangaon Police Station.

*****

CORAM

:

S. M. MODAK, J.

DATE :

1st OCTOBER 2025 P. C. :- 1.

Heard learned Advocate for the Appellant and learned APP.2 2.

He is apprehending an arrest in connection with C.R. No.57 of 2025 registered at Vangaon Police Station - Palghar for the offences under Sections 118(1), 115(2), 352, 351(2), 189(2), 190, 191(1), 191(2) of the Bharatiya Nyaya Sanhita, 2023 ("BNS") and under Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ("SC & ST Act"). His anticipatory bail Application came to be rejected by the Court of Additional Sessions Judge as per the impugned order. The 1/3

principal submissions are as follows:- (a) In the N.C. lodged on 3rd August 2025 for the offences under Sections 115(2), 352 of BNS, the present Applicant is not named. Even there are no caste abuses.

(b) Whereas in the FIR dated 6th August 2025, there is only reference of one Mukesh as Accused No.3. This Appellant is not named with the full name.

(c) There is no allegation of use of weapon by him and caste abuses by him.

3.

Learned Additional Sessions Judge in the impugned order in paragraph No.10 has also noted the fact that the Applicant is not captured in the C.C.T.V. footage, however, has given additional reasoning.

4.

I find interim protection needs to be given. Hence the order:- -: O R D E R :- (i) In case of an arrest in connection with C.R.No. 57 of 2025 registered at Vangaon Police Station - Palghar for the offences punishable under Sections 118(1), 115(2), 352, 351(2), 189(2), 190, 191(1), 191(2) of BNS and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC & ST Act, the Applicant - Mukesh Lallu Prasad Yadav be released on furnishing personal bond and surety bond of Rs.25,000/-.

(ii) Applicant is directed to give attendance to Vangaon 2/3

Police Station - Palghar on 7th October 2025 and 9th October 2025 from 10.00 to 12.00 noon.

(iii) Issue notice to the Respondent No.2 returnable on 16th October 2025. Let local Police to give necessary intimation.

(iv) Parties to act on an authenticated copy of this order. [S. M. MODAK, J.] 3/3