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Bombay High CourtABA/276/2025allowed

Aniket S/O Sheshrao Ingle v. State Of Maharashtra, Thr. Pso, Ps Civi Lines, Akola, Dist. Akola

2025-05-02Hon'Ble Justice Urmila Joshi Phalke3 pages

2025:BHC-NAG:4708 1 931-ABA 276-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 276 OF 2025 ANIKET S/O SHESHRAO INGLE ...VERSUS...

STATE OF MAHARASHTRA, THR. PSO, PS CIVI LINES, AKOLA, DIST. AKOLA ____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri D.M.Alani, Advocate for applicant.

Ms. Trupti Udeshi, APP for non-applicant/State.

CORAM

:

URMILA JOSHI-PHALKE , J.

DATE :

nd MAY, Apprehending the arrest at the hands of police in connection with Crime No. 98/2025 registered under Section 132, 296, 3(5), 351(2), 351(3) of BNS, the applicant approached before this Court for grant of pre-arrest bail. 2.

The crime is registered on the basis of report lodged by API Kishor Gopla Chandan on an allegation that, he along with the other police squad were on toeing duty for towing the vehicles proceeded at the no parking area. At the relevant time, he witnessed one two wheeler vehicle of Blue Colour of Acess Company and therefore, he lifted the said vehicle and kept it in towing vehicle. At the relevant time, the present applicant and the other co-accused came there and started dispute on that count and also hold his hand and assaulted him. On the basis of the said report, the police have registered the crime against the present applicant.

3.

The learned counsel for the applicant submitted that as

2 931-ABA 276-2025.odt far as the allegation against the present applicant is concerned, which are to the extent of holding the hands and squeeze it, his custodial interrogation is not required as no weapon is used by him. In view of that, he be protected by the anticipatory bail. 4.

The learned APP for the State strongly opposed for the same and submitted that the applicant and the other co-accused came on the spot along with the preparation and the other coaccused was holding the hands of the informant. In view of that, the application deserves to be rejected.

5.

I have heard both the sides and perused the recitals of the FIR. Considering the allegations levelled against the present applicant who has not used any weapon and due to the lifting of the vehicle, the alleged incident has occurred, and considering the role of the applicant, he has made out the case for grant of anticipatory bail. According, I proceed to pass the following order:-

ORDER

i) The application is allowed.

ii) The applicant - Aniket Sheshrao Ingle shall be released on anticipatory bail in the event of arrest in connection with Crime No. No. 98/2025 registered under Section 132, 296, 3(5), 351(2), 351(3) of BNS on executing P.R. Bond in the sum of Rs. 25,000/- with one solvent surety in the like amount. iii) The applicant shall attend the concerned Police Station once in a week i.e. on Tuesday between 10.00 a.m. to 01.00 p.m. and shall co-operate with the investigating agency. iv) The applicant shall not induce, threat or promise any

3 931-ABA 276-2025.odt witnesses who are acquainted with the facts of the case either personally or by way of electronic media.

v) The applicant shall produce the vehicle before the investigating agency.

vi) The contravention of any of the condition would lead to the cancellation of bail.

vii) The application stands disposed of.

(URMILA JOSHI-PHALKE, J.) B.T.Khapekar Signed by: Mr. B.T. Khapekar Designation: PA To Honourable Judge Date: 05/05/2025 19:13:48