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Bombay High CourtABA/735/2025application allowed

Usha Gotiram Tupvihire v. The State Of Maharashtra And Another

2025-05-05Hon'Ble Shri Justice Advait Mahendra Sethna3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 7 ANTICIPATORY BAIL APPLN NO.735 OF 2025 USHA GOTIRAM TUPVIHIRE

VERSUS

THE STATE OF MAHARASHTRA & ANOTHER ...

Advocate for Applicant : Mr.V.V.Deshmukh APP for Respondent-State : Mr.S.K.Shirse ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 05.05.2025 P.C. :

1] Heard. Issue notice to the respondents. The learned APP waives notice for respondent nos. 1 and 2. 2] The applicant has approached this Court apprehending arrest in connection with Crime No. 368/2024, registered with Kranti Chowk Police Station, Aurangabad, for the offence punishable under Sections 319 (2), 336 (3), 340 (2) and 3 (5) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 3 and 7 of the Maharashtra Prevention of Mal-practices at University, Board and Other Specified Examinations Act, 1982. 3] The learned counsel for the applicant submits that this Court, by order dated 07.04.2025 in ABA

No.503/2025, has granted interim protection in favour of the similarly placed co-accused.

4] Considering the same, the applicant is granted interim protection in the following terms :- A] Till the next date, in the event the applicant is arrested in connection with Crime No. 368/2024, registered with Kranti Chowk Police Station, Aurangabad, for the offence punishable under Sections 319 (2), 336 (3), 340 (2) and 3 (5) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 3 and 7 of the Maharashtra Prevention of Mal-practices at University, Board and Other Specified Examinations Act, 1982, 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 08.05.2025 and 09.05.2025 between 10.30 a.m. and 1.30 p.m. and thereafter as and when required by the investigating officer. 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.

5] Needless to say, violation of any of the aforesaid conditions may result in this order being cancelled. 6] List on 23.06.2025. Interim protection till the next date.

[ARUN R. PEDNEKER] JUDGE DDC