Pandurang Vithal Vaidya v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1049 OF 2025 Pandurang Vithal Vaidya

Versus

The State of Maharashtra & Anr.

------------------------- Mr. A. R. Lukhe for the Applicant.

Mr. A. V. Lavte, APP for the State.

------------------------- CORAM :

ADVAIT M. SETHNA, J.

DATE :

3 JULY 2025 P. C.:

1.

The present Application is filed for pre-arrest bail. 2.

The proceedings relate to CR No.0210 of 2025 dated 22 April 2025 lodged at 19:23 hours by Ambad Police Station, Jalna. The alleged offences are under Sections 105, 115(2), 189(2) and 191(2) of the Bharatiya Nyaya Sanhita, 2023 ("BNS"). The time and date of the alleged incident as mentioned in the FIR is between 21 April 2025 and 22 April 2025,10:30 hours. There are three accused persons, out of which accused No.3 is the present Applicant. The Informant is one Namdev Demaji Dhole, age 44 years.

3.

With the assistance of Mr. Lukhe, learned Advocate for the Applicant and Mr. Lavte, learned APP, I have perused the FIR and record available with the Court. It appears from the statement in the FIR dated 22

April 2025 that on 21 April 2025, there was a scuffle/altercation between the persons named in the FIR. The present Applicant was also present at the spot. The intention of the Applicant appears to be to inflict injury/hurt to the brother of the informant, in light of the dispute between them. However, during such scuffle the mother of the Informant came in between. In that situation, she encountered an injury on the chest allegedly caused by this Applicant by his elbow, as a result of which she fell down. 4.

Mr. Lavte would submit that the alleged offences are serious to warrant custody of the Applicant. In the meantime, he would take instructions.

5.

In the given facts and the FIR, there does not appear to be any intention to cause death or body injury which may cause death, as far as the present Applicant is concerned. The Applicant has no criminal antecedents. He has undertaken to co-operate with the investigation. In such circumstances, in my prima facie view, an interim protection to the Applicant would meet ends of justice at this stage. In view of the above, the following order is passed:-

ORDER

(i) Until the adjourned date of hearing, in the event of arrest of the Applicant in connection with C.R. No.0210 of 2025 registered with Ambad Police Station, Jalnafor the offences punishable under Sections 105, 115(2), 189(2) and 191(2) of

the BNS, 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. (ii) The Applicant shall cooperate with the investigation and shall attend the concerned police station on every Monday at 11.30 a.m.

(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.

6.

List the proceedings for further consideration on 24 July 2025. 7.

In the meantime, Mr. Lavte would take further/necessary instructions in the matter.

8.

The above interim protection shall continue until the adjourned date of hearing.

[ADVAIT M. SETHNA, J.]