Jayawant S/O Sakharam Gawas v. The State Of Maharashtra, Thr. Pso, P.S. Kapil Nagar, Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 233 OF 2025 Sangram Bajirao Pawar And Anr ...Applicants

Versus

The State Of Maharashtra And Anr

...Respondents

____________________________________ Adv. Priyal G. Sarda a/w. Adv. Seema S. Dighe, Adv. Abhishek Jare, Adv. Shubham Sane, Adv. Rajesh R., Advocate for the Applicant. Mr. Nitin B. Patil, APP for the State.

Mr. Bhushan Walimbe, Advocate for Respondent No.2. Mr. R. S. Chavan, ASI, Rajgad Police Station, Pune (Rural) present. ____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 6 FEBRUARY 2025 P.C.:

1.

The present Application is filed by the Applicants under Section 438 of the Bharatiya Nagarik Suraksha Sanhita 2023, for anticipatory bail in respect of C.R. No.509 of 2024, dated 27 October 2024, registered with Rajgad Police Station, District Pune under Sections 115 (2), 119 (1), 119 (2), 3 (5), 308 (2), 308 (3), 351 (2) 351 (3) 352 of the Bharatiya Nyaya Sanhita, 2023.

2.

The learned Advocate for the Applicants submits that the matter

has been amicably settled between the parties and that the Informant doesn't wish to pursue her complaint further. He submits that this Court should take a lenient view and grant the present Anticipatory Bail Applicant of the Applicants. On instructions he further submits that the Applicants would donate certain amounts to charity. 3.

The learned Advocate for Respondent No.2 agrees that the parties have settled the dispute between them and states that he has instructions from the Informant to not object the granting of Anticipatory Bail Application to the Applicants.

4.

The learned APP on behalf of the State submits that the F.I.R. has been lodged for offences under Sections 115 (2), 119 (1), 119 (2), 3 (5), 308 (2), 308 (3), 351 (2) 351 (3) 352 of the Bharatiya Nyaya Sanhita, 2023. He submits that considering the nature of the offences and keeping in view that Applicant No.1 has antecedents, including an offence committed under Section 302 of the Indian Penal Code, 1860, there is a high likelihood that if Applicant No.1 is released on bail, he may commit further offences.

5.

Taking into consideration the fact that the Informant herself does not wish to pursue her complaint further and has submitted that the present Anticipatory Bail Application be allowed. In may view, the Applicants can be granted anticipatory Bail on the following conditions:

ORDER

(a) The anticipatory bail application is allowed. (b) In the event of arrest of the Applicants in connection with C.R. No.509 of 2024, dated 27 October 2024, registered with Rajgad Police Station, District Pune under Sections 115 (2), 119 (1), 119 (2), 3 (5), 308 (2), 308 (3), 351 (2) 351 (3) 352 of the Bharatiya Nyaya Sanhita, 2023., the Applicants shall be released on bail till the filing of the charge-sheet on furnishing P.R. bond to the extent of Rs. 30,000/- each with one or more sureties of the like amount.

(c) The Applicants shall co-operate with the investigation and attend the investigating officer of the concerned police station, as and when called (d) The Applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence. (e) The Applicants shall furnish his contact number and residential address to the investigating officer and shall keep him updated, in case there is any change.

(f) The Applicants would donate an amount of Rs.10,000/- each to the The High Court Employees Medical Welfare Fund at Mumbai, the details of which are as under :- Account Name :

The High Court Employees Medical Welfare Fund at Mumbai A/c. NO.

:

000120110001337

Bank :

Bank of India Branch :

Main Branch, Fort, Mumbai IFSC Code :

BKID0000001 The said amount would be deposited within a period of three weeks from today.

7.

The Anticipatory Bail Application is disposed off accordingly. The present Anticipatory Bail Application for recording compliance on 3 March, 2025.

(RAJESH S. PATIL, J.)