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Bombay High CourtABA/217/2025allowed

Govinda S/O Pralhad Janfal v. State Of Maharashtra, Thr. Pso, Shegaon, Dist. Buldhana

2025-03-28Hon'Ble Justice Urmila Joshi Phalke3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.217 OF 2025 (Govinda s/o Pralhad Janjal Vs. State of Maharashtra and anr.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. P.S. Dhenge, Advocate for the applicant.

Mr. A.M. Ghogare, APP for the State.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- MARCH 28, 2025.

Apprehending the arrest at the hands of police in connection with Crime No.480/2024 registered with Police Station Shegaon, District Buldhana for the offences punishable under Sections 74 and of the Bharatiya Nyaya Sanhita, 2023, the applicant approached this Court for grant of pre-arrest bail.

2.

Learned Counsel for the applicant submitted that the allegation against the present applicant is only to extent that he hold her hand and asked her to sit on a bench. Considering the nature of the allegation, his custodial interrogation is not required. In view of that, he be protected by granting ad-interim anticipatory bail. 3.

Learned APP strongly opposed the application and submitted that considering the nature of the allegation, his custodial interrogation is required. In view of that, the prayer for grant of ad-interim protection deserves to be rejected.

4.

I have heard learned Counsel for both the parties. On perusal of the recitals of the FIR only allegation to the extent that he has hold her hand and asked her to sit on the bench. Thus, considering the nature of the allegation, his custodial interrogation is not required. In view of that, the prayer for grant of ad-interim protection deserves to be allowed. Accordingly, I proceed to pass following order:

(i) Issue notice to the non-applicants, returnable after two weeks.

(ii) Learned APP waives notice for the State and seeks time to file reply.

(iii) The Police Station Officer, Police Station Shegaon, District Buldhana shall intimate non-applicant No.2.

(iv) In the event of arrest, the applicant - Govinda s/o Pralhad Janjal in connection with Crime No.480/2024 registered with Police Station Shegaon, District Buldhana for the offences punishable under Sections 74 and of the Bharatiya Nyaya Sanhita, 2023, be released on ad-interim anticipatory bail, on executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

(v) The applicant shall attend the concerned police station once in a week i.e.

on every Sunday between 10.00 AM and 1.00 PM and shall cooperate with the investigating agency.

(vi) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.

(URMILA JOSHI-PHALKE, J.) *Divya