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Bombay High CourtAPPP/283/2025allowed

Parth Ramdas Kale v. The State Of Maharashtra Thr. Pso Akot, Tq. Akot, Dist. Akola

2025-02-07Hon'Ble Shri Justice G. A. Sanap3 pages

2025:BHC-NAG:1196 -1- 8.BA.164.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (BA) NO. 164 OF 2025 Parth Ramdas Kale Vs.

The State of Maharashtra, through PSO Akot, Tq. Akot, Dist. Akola ********************************************************************************************** Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ********************************************************************************************** Mr. Rohan Malviya, Advocate for the Applicant. Mr. N.B. Jawade, APP for the Non-applicant/State. CORAM : G. A. SANAP, J.

DATED : 7 th FEBRUARY, 2025.

.

Heard.

2.

Issue notice to the non-applicant.

3.

Learned APP waives service of notice on behalf of the non-applicant.

4.

Reply be filed on or before 10th March, 2025. 5.

Stand over to 10th March, 2025.

C RIMINAL APPLICATION (APPP) NO.

OF 2025 6.

This is an application for grant of interim bail in crime No.20/2025, registered with Police Station, Akot City, Tq. Akot, Dist. Akola for the offences punishable under Sections 109, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.).

7.

Learned advocate for the applicant/accused submitted that the applicant is appearing for 12th Standard

-2- 8.BA.164.2025.odt examination, which is scheduled to be conducted from 11th February, 2025 to 6th March, 2025. Learned advocate submitted that if he is not granted interim bail, then he would not be able to attend the examination. It is submitted that, considering the fact that the applicant/accused is in the formative years of his life and appearing for 12th Standard examination, he cannot be denied an opportunity to appear for the examination. It is submitted that if he is not granted interim bail, then his one valuable year would be spoiled. 8.

Learned APP submitted that, considering the serious nature of the crime and the act/role attributed to the applicant/accused, he cannot be granted protection. It is submitted that if he is granted protection, then he will pressurize or threaten the prosecution witnesses. 9.

As far as the merits of the bail application are concerned, the same cannot be gone into at this stage. The same would be considered after filing the reply by the prosecution. However, considering the fact that the 12th Standard examination of the applicant starts from 11th February, 2025, he cannot be denied an opportunity to appear for the examination. If he is not granted interim bail, then one valuable year of his life would be wasted. As far as the crime alleged to have been committed by him is concerned, the law would take its course. 10.

In the facts and circumstances, I am inclined to grant interim bail to the applicant/accused. Hence, the following order:

-3- 8.BA.164.2025.odt

ORDER

i] The application is allowed.

ii] By way of interim bail, the applicant/accused - Parth Ramdas Kale be released on bail in crime No.20/2025, registered with Police Station, Akot City, Tq. Akot, Dist. Akola for the offences punishable under Sections 109, 352 and 3(5) of the B.N.S., on his furnishing P.R. bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand) with one surety in the like amount.

iii] The applicant shall not, in any way, tamper with the prosecution evidence.

iv] The applicant shall not pressurize or threaten the prosecution witnesses.

v] The applicant shall co-operate the Investigating Officer.

vi] This interim bail is up to 7th March, 2025.

vii] The applicant shall surrender on 8th March, 2025 without fail.

viii] The application stands disposed of in the above terms.

(G. A. SANAP, J.) Vijay Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 07/02/2025 13:44:37