Prakash Rajaram Dhulgand v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 ANTICIPATORY BAIL APPLICATION NO. 107 OF 2025 PRAKASH RAJARAM DHULGAND

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Shermale K. N.

APP for Respondent-State : Ms. Neha B. Kamble ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 22.01.2025 P.C. :

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 Crime No.0433 of 2024, registered with Ghargaon Police Station, Tal. Sangamner, Dist. Ahilyanagar (Ahmednagar) for the offences punishable under sections 105, 125(a), 125(b) and 3(5) of Bharatiya Nyaya Sanhita, 2023.

3] The allegations against the applicant is that the applicant has done the basement work of dome of Darga upto 7 feet in the year 2019. Thereafter the work was handed over to accused No.1 for completing the same. During that period, while the work of painting of the dome

was being carried out, the dome collapsed and two labours died and two persons also sustained injuries. 4] Prima facie, it appears that, the job performed by the applicant is only upto 7 feet, thereafter work was handed over to another contractor i.e. accused No.1. Considering the same, at this stage, it cannot be said that the applicant is responsible for the accident/collapse of dome.

5] The learned APP submits that if the Court is inclined to grant interim relief to the applicant, the applicant may be directed to remain present in the Police Station.

6] In view of the above, interim protection is granted to the applicant on the following terms :- A] Till the next date, in the event the applicant is arrested in connection with Crime No.0433 of 2024, registered with Ghargaon Police Station, Tal. Sangamner, Dist. Ahilyanagar (Ahmednagar) for the offences punishable under sections 105, 125(a), 125(b) and 3(5) of Bharatiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing 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 on 26.01.2025 and 27.01.2025 between 10.30 a.m. and 1.30 p.m.

C] The applicant shall co-operate with the investigation, including producing all documents in his possession, as may be demanded by the investigating officer.

D] The applicant shall not influence the informant, witnesses or any person concerned with the case and he shall not tamper with the evidence.

7] Needless to say, violation of any of the aforesaid conditions may result in this order being cancelled. 8] List this matter on 05.02.2025. Interim protection till the next date.

[ARUN R. PEDNEKER] JUDGE PRW