Mayur S/O Manik Gadrel v. The State Of Maharashtra, Thr. Pso, Ps, Paratwada, Tah. Achalpur, Dist. Amravati
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.
OF 2025 Mayur s/o Manik Gadrel and others Vs State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. S.I. Ghatte, counsel for applicants.
Mr. A.J. Gohokar, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.
DATED : 26/06/2025.
1.
Apprehending the arrest at the hands of police in connection with Crime No. 431 of 2025 registered with Police Station Paratwada, Tah. Achalpur, District Amravati, for the offence punishable under Sections 118(1), 189(2), 190, 191(2), 191(3), 352, 351(3) of the Bhartiya Nyaya Sanhita, 2023, the applicants approached this Court for grant of pre-arrest bail.
2.
Heard learned counsel for the applicants, who submitted that regarding the said incident, cross complaints are filed, and as far as the present applicants are concerned, there is no specific allegations or overtact attributed to the present applicants. Initially, the other co-accused has filed a complaint, on the basis of which N.C. Report was registered. Thus, considering that there was a scuffle between the two parties and no specific role is attributed to the present applicants, they be protected by granting ad-interim protection.
3.
Learned APP strongly opposed the said application and submitted that the present applicants were the members of the unlawful assembly, and in pursuance of the common intention of unlawful assembly, they have caused the injuries to the prosecution witnesses. In view of that, the prayer for grant of ad-interim protection deserves to be rejected. 4.
On hearing both sides and on perusal of the recitals of the First Information Report (FIR), it reveals that, in a scuffle, both party members have sustained injuries, and cross-complaints are filed. On perusal of the entire FIR, except the names of the present applicants, no overtact is attributed to them, and therefore, their custodial interrogation is not required. In view of that, prayer for grant of ad-interim protection deserves to be allowed. Accordingly, I proceed to pass the following order: a] In the event of arrest in connection with Crime No. 431 of 2025 registered with Police Station Paratwada, Tah. Achalpur, District Amravati, for the offence punishable under Sections 118(1), 189(2), 190, 191(2), 191(3), 352, 351(3) of the Bhartiya Nyaya Sanhita, 2023, the applicants (1) Mayur s/o Manik Gadrel (2) Manik s/o Gorelal Gadrel
(3) Lucky @ Adarsh Rajesh Choube shall be released on ad-interim anticipatory bail, on executing P.R. Bond of Rs. 25,000/- each with one solvent surety in the like amount.
b] The applicants shall attend the concerned police station once in a week on Monday between 10.00 a.m. to 01.00 p.m. and shall cooperate with the investigating agency.
c] The applicants shall not induce, threat or promise any witnesses who are acquainted with the facts of the case, either physically or through electronic media.
d] Learned Additional Public Prosecutor waives service of notice on behalf of non-applicant / State and seeks time to file reply.
5.
Stand over after two weeks.
[URMILA JOSHI-PHALKE, J.]