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Bombay High CourtABA/662/2025disposed off

Bajirao Pandurang Hiwale v. The State Of Maharashtra

2025-05-06Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:13354

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 945 ANTICIPATORY BAIL APPLICATION NO. 662 OF 2025 BAJIRAO PANDURANG HIWALE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Abhaysinh K. Bhosle APP for Respondent/State: Mr. N. B. Patil ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 06.05.2025 P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant is apprehending arrest in connection with Crime No.537/2024, dated 02.11.2024, registered at Chikalthana Police Station, District Chhatrapati Sambhajinagar (Rural), for the offences punishable under Sections 118(1), 118(2) of the Bharatiya Nyaya Sanhita, 2023.

3] The applicant submits that in the assault the applicant has also sustained injuries and he was admitted in the hospital for twenty days. He submits that he has registered cross-FIR. Considering that at this stage it would be difficult to ascertain aggressors, protection can be granted to the applicant.

4] The learned APP submits that CCTV footage of the incident is also available. He submits that the informant is having som mental issues. The informant could also be possibly involved. There is no recovery to be made from the applicant. It is stated that the injured has come with the weapon at the place of the offence.

5] In view of the above, the application is allowed in the following terms :

i] In the event the applicant/s is/are arrested in connection with Crime No.537/2024, dated 02.11.2024, registered at Chikalthana Police Station, District Chhatrapati Sambhajinagar (Rural), for the offences punishable under Sections 118(1), 118(2) of the Bharatiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing PR bond of Rs.15,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

ii] The applicant shall attend the police station as and when required by the Investigating Officer. iii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

iv] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

6] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

7] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

8] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE marathe