Amar S/O Milind Ingle And ANR. v. The State Of Maharashtra Thr. Pso, Balapur, Dist. Akola

33-aba160.25.odt 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) No.160 OF 2025 (Amar s/o. Milind Ingle and another Vs. State of Maharashtra, through PSO, Balapur, Tq. Balapur, Distt. Akola) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. S.I. Ghatte, Advocate for applicants.

Ms. S.S. Dhote, APP for non-applicant.

CORAM : URMILA JOSHI-PHALKE, J.

DATE : 10 th MARCH, 2025.

1.

Issue notice to the non-applicant.

2.

Ms. S.S. Dhote, learned A.P.P. waives service of notice on behalf of non-applicant/State and seeks time to file reply. Time granted.

3.

Apprehending the arrest at the hands of Police in connection with Crime No.96/2025, registered with Police Station Balapur, District Akola, for the offence punishable under Sections 115(2), 118(2), 189(2), 190, 191(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023 the applicants approached to this Court for grant of pre-arrest bail.

4.

Heard learned counsel for the applicants, who submitted that the crime is registered on the basis of report lodged by Jai Rajendra Mankar. From the recitals of the F.I.R. it reveals that there was monetary transaction between the present applicants and the

33-aba160.25.odt 2/3 informant, out of that the incident occurred. As far as the allegations are concerned which is only to the extent of assault by slaps. Thus, custodial interrogation of the present applicants is not required. He further submitted that as far as the pelting of stones allegation is concerned, which is a general allegation. In view of that, the applicants be protected by granting ad-interim protection.

5.

Learned A.P.P. strongly opposed the application on the ground that the applicants and other co-accused pelted the stones towards the Bar and caused damage to the Bar as well as also assaulted the informant. In view of that, prayer for grant of ad-interim protection deserves to be rejected.

6.

On hearing learned counsels of both sides and on perusal of the recitals of the F.I.R. it reveals that allegations of assault by slaps and as to the pelting of the stones general allegation is levelled against the present applicants. In view of that, the applicants have made out a case for grant of ad-interim protection. Accordingly, I proceed to pass following order :

O R D E R

(i) In the event of arrest in connection with Crime No.96/2025, registered with Police Station Balapur, District Akola, for the offence punishable under Sections 115(2), 118(2), 189(2), 190, 191(2), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023 the applicants, namely, (1) Amar s/o. Milind Ingle, and (2)

33-aba160.25.odt 3/3 Rohit s/o. Manik Hirole shall be released on ad-interim anticipatory bail on executing P.R. Bond in the sum of Rs.25,000/- each with one solvent surety in the like amount.

(ii) The applicants shall attend the concerned Police Station once in a week on Monday between 10.00 a.m. to 1.00 p.m. and shall co-operate with the Investigating Agency.

(iii) The applicants shall not induce, threat or promise any witnesses, who are acquainted with the facts of the case.

7.

Stand over to 7.4.2025.

(Urmila Joshi-Phalke, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 12/03/2025 18:02:01