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Bombay High CourtABA/291/2025allowed

Devrao Sadashiv Navghare v. The State Of Maharashtra, Thr. Pso,Bramhapuri, Tah.Bramhapuri, Dist. Chandrapur

2025-06-12Hon'Ble Justice Urmila Joshi Phalke3 pages

2025:BHC-NAG:5477 1 913.ABA.291-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 291 OF 2025 ( Shri Devrao Sadashiv Navghare & Anr.

Vs.

State of Maharashtra, Thr. PSO Bramhapuri, District Chandrapur ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. P.M. Pande, Advocate for the Applicants.

Ms. Trupti Udeshi, APP for the Non-applicant/State. CORAM: URMILA JOSHI-PHALKE, J.

DATED : 12th JUNE, 2025 1.

Heard.

2.

Apprehending the arrest at the hands of Police in connection with Crime No.160/2025 registered with Police Station Bramhapuri, District Chandrapur for the offences punishable under Sections 126(2), 3(5), 308(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, the Applicants approached to this Court for grant of anticipatory bail. 3.

The learned Counsel for the Applicants, submitted that as far as the allegations against the present Applicants are concerned which is to the extent that when they were carrying their bullocks in the market at that time present Applicants have demanded Rs.2,000/- from them and accepted Rs.200/-. On the basis of the said report, Police have registered the crime against the present Applicants. He

2 913.ABA.291-2025.odt submitted that, as far as the involvement of the present Applicants are concerned, the names are stated by the Informant on the basis of the information received by him. As far as the custodial interrogation is concerned, which is not required. In view of that, interim protection granted to them deserves to be confirmed.

4.

Learned APP strongly opposed the said Application and submitted that, during investigation the video clip is already seized by the Investigating Agency, the Applicants have attended the Police Station and the relevant panchnamas are also drawn. She invited my attention to the photographs and submitted that, the presence of the present Applicants is reveled from the said photographs, and therefore, the prima facie case is made out against the present Applicants. In view of that, the prayer for grant of anticipatory bail deserves to be rejected.

5.

On hearing both the sides and on perusal of the investigation papers it reveals that, the allegations to the extent that the present Applicants have demanded the amount of Rs.2,000/- and obtained Rs.200/-. Though their names came to the knowledge of the Complainant and on the basis of the information received by him, however, the photographs which are collected and the video clip which is also seized during the investigation, shows their involvement. Considering that they are really cooperating with the Investigating Agency, the relevant panchnamas are already drawn, their custodial interrogation is not required. In view of that, the interim protection granted to the present Applicants

3 913.ABA.291-2025.odt 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 Applicants by order dated 28.04.2025, is hereby confirmed on the condition that, they 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.

iii.

The Applicants shall not indulge themselves in similar type of activities and a single offence registered against them would lead to cancellation of bail.

iv.

The Applicants 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.

6.

Pending application/s, if any, shall stand disposed of accordingly.

(URMILA JOSHI-PHALKE, J.) Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 16/06/2025 10:35:30 SD. Bhimte