Tinku Alias Sushil Tushal Walke v. The State Of Maharashtra And Another
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 739 OF 2025 Tinku Alias Sushil Tushal Walke
VERSUS
The State Of Maharashtra And Another Mr. N. B. Narwade, Advocate for Applicant Mr. K. K. Naik, APP for Respondents/State
CORAM
: ADVAIT M. SETHNA, J.
DATE : 3 JULY 2025 P. C. :- 1.
The Applicant has filed this application as he apprehends arrest. The proceedings relate to Crime No. 126/2025 registered with Paithan Police Station, Dist. Aurangabad. F. I. R. lodged on 13 April 2025 at about 23:30 PM. Alleged offences are under Sections 119(1), 119(2), 189(2), 191(2), 190, 115, 352, 351(3) of the Bhartiya Nyaya Sanhita, 2023 (for short 'BNS'). 2.
With the assistance of Mr. Narwade, learned advocate for Applicant and Mr. Naik, learned APP, I have perused F. I. R. and the record available. From the report/complaint, it appears that the alleged incident of assault has taken place on 12 April 2025 in the afternoon between 3:00 PM to 3:30 PM as recorded in the supplementary statement of informant dated 14 April 2025.
3.
Mr. Narwade, learned advocate for applicant would further submit that the certificate issued by Gram Panchayat Malibabhulgaon dated 21 April
2025 would indicate that the present applicant on 12 April 2025 at between 3:24 to 3:40 hrs, in the afternoon, was present at the office of said Gram Panchayat, meaning thereby that he was not present at the place of the alleged incident. According to the supplementary statement, the alleged incident took place at between 3:00 AM to 3:30 AM hrs of dawn on12 April 2025. Thus, there are apparent inconsistencies in this regard. 4.
The Injury Certificate has placed on record by Mr. Naik, learned APP would indicate simple injuries and one grievous injury, which is to be attributable to the present applicant. It is stated by learned APP that the identification parade is to be carried out for which presence of the applicant is extremely necessary and crucial. The Applicant undertakes to co-operate in the investigation as also in the identification parade. In the above circumstances, the following order is passed :-
O R D E R
i) The present Applicant i.e. Tinku Alias Sushil Tushal Walke is directed to attend the concerned police station before the Investigating Officer from today onwards everyday at 11:30 AM until the identification parade is conducted and thereafter until further/appropriate orders shall be passed, which shall be subject to such exercise being undertaken.
ii) Until the adjourned date of hearing, in the event of arrest of the Applicant in connection with CR No. 126 of
2025 registered with Paithan Police Station, Dist. Aurangabad for the offence punishable under Sections 119(1), 119(2), 189(2), 191(2), 190, 115, 352, 351(3) of the Bhartiya Nyaya Sanhita, 2023, 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.
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/es and/or tamper evidence in any manner whatsoever 5.
List the proceedings for further consideration/hearing on 17 July 2025.
6.
Protection granted to the Applicant as above, shall continue till the adjourned date of hearing.
(ADVAIT M. SETHNA, J.) bsj