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

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.217 OF 2025 (Govinda s/o Pralhad Janjal Vs. The State of Maharashtra thr. PSO Police Station Shegaon, Dist. Buldhana and another) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. P. S. Dhenge, Advocate for Applicant.

Mr. A. M. Ghogare, APP for Non-Applicant No.1/State. CORAM: URMILA JOSHI PHALKE, J.

DATE: 2 nd MAY, 2025.

1.

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 Nyay Sanhita, 2023, the applicant approached to this Court for grant of pre-arrest bail.

2.

Heard learned counsel for the applicant who submitted that the allegation against the present applicant is only to extent of holding the hand of the victim and asked her to sit on a bench. As far as the sexual intent is concerned nothing is on record to show that the act of the applicant was with the sexual intent. As far as the custodial interrogation is concerned which is not required. 3.

Learned APP strongly opposed the said application and submitted that considering the nature of the

allegation, the custodial interrogation is required. With the sexual intent the present applicant has hold the hand of the victim.

4.

On hearing both the sides and 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 and considering the fact that he has already co-operated with the investigating agency, investigation is already completed and charge-sheet is filed. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass following order:

ORDER

(i) Application is allowed.

(ii) The interim protection granted to the present applicant by order 28.03.2025 is hereby confirmed on the condition that 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.

(iii) The applicant shall attend the proceeding before the trial court without seeking any exemption unless there are exceptional circumstances.

5.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) NSN Signed by: Mr. N.S. Nikhare Designation: PA To Honourable Judge Date: 03/05/2025 15:14:33