Umaji S/O Nemaji Gaikwad v. The State Of Maharashtra, Thr. Pso, Ps Chamorshi, Tah. Chamorshi, Dist. Gadchiroli
2025:BHC-NAG:5661 1 910.ABA.290-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 290 OF 2025 ( Mr. Umaji S/o Mengaji Gaikwad Vs.
State of Maharashtra, Thr. P.S.O. Police Station Chamorshi, Tah. Chamorshi, District Gadchiroli ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. V.S. Sambre, Advocate for the Applicant.
Ms. Mrunal Barabde, APP for the Non-applicant/State. CORAM: URMILA JOSHI-PHALKE, J.
DATED : 18th JUNE, 2025 1.
Apprehending the arrest at the hands of Police in connection with Crime No.443/2024 registered with Police Station Chamorshi, District Gadchiroli for the offence punishable under Sections 74 and 76 of the Bharatiya Nyaya Sanhita, 2023, the Applicant approached this Court for grant of pre-arrest bail.
2.
The crime is registered on the basis of report lodged by son of the victim on an allegation that on 22.12.2024 at about 7:00 p.m. the present Applicant entered in his house and called her mother who is deaf and dumb on giving the amount, and thereafter pressed her neck and mouth and attempted to pull her saree. On the basis of the said report, police have registered the crime against the present applicant.
2 910.ABA.290-2025.odt 3.
Learned Counsel for the Applicant submitted that due to the previous enmity, this false and baseless allegations are levelled against the present Applicant. The Applicant has already cooperated with the investigating agency. As far as the custodial interrogation is concerned which is not required as nothing is required to be recovered from him. 4.
Learned APP though strongly opposed the said application and fairly submitted that the Applicant has cooperated with the investigating agency.
5.
On hearing both the sides and on perusal of the FIR and investigation papers it reveals that the custodial interrogation is not required. The Applicant has already cooperated with the investigating agency and attended the Police Station. In view of that, the ad interim protection granted to the Applicant deserves to be confirmed. Accordingly, I proceed to pass following order:
O R D E R
i.
The Application is allowed.
ii.
The ad interim protection granted to the Applicant by order dated 06.05.2025, is hereby confirmed on the condition that, he shall attend the concerned Police Station once in a week i.e. on every Monday between 10.00 a.m. and 01.00 p.m. till filing of the charge-sheet and shall cooperate with the investigating agency.
3 910.ABA.290-2025.odt iii.
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.
iv.
The Applicant shall not enter into the vicinity of Taluqa Chamorshi, District Gadchiroli till filing of the charge-sheet.
6.
Pending application/s, if any, shall stand disposed of accordingly.
(URMILA JOSHI-PHALKE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 19/06/2025 18:47:37