Mayur S/O Manik Gadrel v. The State Of Maharashtra, Thr. Pso, Ps, Paratwada, Tah. Achalpur, Dist. Amravati
2025:BHC-NAG:6876
(1) 953.aba.460.2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.460 OF 2025 Mayur s/o Manik Gadrel and others Vs.
State of Maharashtra, through Police Station Officer, Police Station, Paratwada, District Amravati -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. S. I. Ghatte, Counsel for the applicants. Mr. A. J. Gohokar, APP for non-applicant/State. Mr. Kushal Jain, Counsel for complainant.
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 15/07/2025 Criminal Application (APPP) No.1399/2025 1.
The application is filed by the original complainant to seek permission to engage the Counsel to assist the prosecution. In view of the reasons mentioned in the application, permission is granted to engage the Counsel.
2.
The application is disposed of.
CRIMINAL APPLICATION (ABA) NO.460 OF 2025 1.
Apprehending the arrest at the hands of police in connection with Crime No.431/2025 registered with Police Station Paratwada, Tah. Achalpur, District Amravati, for the offence punishable under Sections 118(1), 189(2), 190,
(2) 953.aba.460.2025 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 role or overt act attributed to the present applicants. They have cooperated with the investigating agency. In view of that, the interim protection granted to the present applicant deserves to be confirmed.
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 the unlawful assembly, they have caused the injuries to the prosecution witnesses.
4.
Learned Counsel for the complainant endorsed the same contentions and submitted that the role attributed to the present applicants being members of the unlawful assembly, and therefore, the application deserves to be rejected.
5.
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
(3) 953.aba.460.2025 perusal of the entire FIR, except the names of the present applicants, no overt act is attributed to them. In view of that, the interim protection granted to the present applicants deserves to be confirmed. Accordingly, I proceed to pass following order:
ORDER
a] The application is allowed.
b] The interim protection granted to the present applicant by order dated 26.06.2025 is hereby confirmed on the condition that they shall attend the concerned police station once in a week on Monday between 10.00 a.m. to 01.00 p.m., till filing of the charge-sheet 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.
The application is disposed of.
(URMILA JOSHI-PHALKE, J.) Sarkate Signed by: Mr. A.R. Sarkate Designation: PA To Honourable Judge Date: 18/07/2025 10:53:31