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Bombay High CourtABA/137/2025allowed

Udhav S/O Haribhau Narwade And Others v. The State Of Maharashtra Thr. Pso, Ps Risod, Tq. Risod, Dist. Washim

2025-03-06Hon'Ble Justice Urmila Joshi Phalke3 pages

(1) 50 aba 137.25.odt.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.137 OF 2025 Udhav s/o Haribhau Narwade and ors.

Vs.

The State of Maharashtra, through PSO, PS Risod, Dist. Washim -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. R.M. Daga, Counsel for the applicants.

Mr. Anant Ghogare, APP for the non-applicant State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 06/03/2025 1.

Apprehending the arrest at the hands of police in connection with Crime No.13/2025 registered with Police Station, Risod, District Washim for the offence punishable under Sections 3(5), 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, the applicants approached this Court for grant of bail in the event of their arrest.

2.

As per the allegations the informantSandeep Kalbande was preparing for the competitive examination. The applicants, who are in his relation, they have informed the informant that one of person with whom they are acquainted with is working in Mantralaya and he would help him to get a job and demanded amount from him and accepted the same. However, the informant has not received any job. On

(2) 50 aba 137.25.odt. the basis of the said report police have registered first information report.

3.

Heard learned counsel for the applicants.

Perused the recitals of the FIR. As far as the applicant Nos.2 and 3 are concerned, against them general allegations are leveled.

4.

Considering the nature of the allegations applicant Nos. 2 and 3 have made out the case for grant of ad-interim protection.

5.

As far as applicant No.1 is concerned, the investigating officer shall issue notice and comply in view of the observations of Hon'ble Apex Court in the Case of Satendra Kumar Antil Vs. Central Bureau of Investigation reported in (2022) 10 SCC 51. 6.

In view of that I proceed to pass following order.

ORDER

(i) In the event of arrest, in connection with Crime No.13/2025 registered with Police Station, Risod, District Washim for the offence punishable under Sections 3(5), 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, the applicant Nos.2- Sau Shobha w/o Udhav Narwade and applicant No.3 Sanjay s/o Vishwanath Sultane shall be released on ad-interim anticipatory bail on executing PR Bond in the sum of Rs.25,000/-

(3) 50 aba 137.25.odt. (Rupees Twenty Five Thousand Only) each with one solvent surety in the like amount.

(ii) The applicant No.2 and 3 shall attend the concerned Police Station once in a week on Monday between 10.00 a.m. to 1.00 p.m. and shall cooperate with the investigating agency. (iii) The Investigating Officer shall issue a notice under Section 35 of the BNSS, 2023 to applicant No.1.

(iv) The applicant Nos.2 and 3 shall not directly or indirectly make any inducement and threat or promise to any person acquainted with the facts of the present case..

(v) The prayer for the applicant No.1 as to the interim protection is hereby rejected.

7.

Stand over after two weeks.

(URMILA JOSHI-PHALKE, J.) manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 07/03/2025 16:38:07