← Library
Bombay High CourtABA/602/2025disposed off

Sagar S/O Daulat Bhavar v. State Of Maharashtra

2025-03-26Hon'Ble Shri Justice Rajesh S. Patil3 pages

Diksha Rane 11 ABA 602-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 602/2025 SAGAR S/O DAULAT BHAVAR ..APPLICANT VS STATE OF MAHARASHTRA ..RESPONDENT ------------ None for the applicant.

Mr. Nitin B. Patil, APP for the State.

------------ CORAM : RAJESH S. PATIL, J.

DATE : MARCH 26, 2025.

P.C. :

1.

None appears for the applicant.

2.

This application is filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for seeking pre-arrest bail in connection with the First Information Report (FIR) No.70/2025 registered with the Malegaon Taluka Police Station, for the offence punishable under Sections 74, 76, 127(2), 324(4), 115, 352, 351(2) of the Bhartiya Nyaya Sanhita, 2023.

3.

By an order dated 12/3/2025, this Court has granted interim protection to the applicant. The said order reads as under:- 1.

The learned Advocate for the Applicant seeks liberty to amend the

Diksha Rane 11 ABA 602-2025.doc Anticipatory Bail Application and add the first Informant as a party Respondent No.2. Liberty is granted, as prayed for. 2.

Amendment to be carried out forthwith.

3.

It is made clear that if the amendment is not carried out, the anticipatory bail application will stand dismissed without further reference to this Court.

4.

The learned Advocate for the Applicants to serve copy of the Anticipatory Bail Application to newly added Respondent No2. 5.

This an application under section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of anticipatory bail to the applicantaccused in connection with C.R. No.70 of 2025 registered at Malegaon Taluka Police Station, for the offence punishable under Section 74, 76, 127(2), 324(4), 115, 352, 351(2) and 3 (5) of the Bhartiya Nyaya Sanhita, 2023.

6.

In the FIR, it is alleged that the applicant called the informant to the office of the Grampanchayat in the morning through the peon of the Grampanchayat. When the informant arrived at the Grampanchayat office, the applicant closed the door and outraged her modesty. Thereafter, when the informant shouted for help, people standing outside the office rescued her. As the informant came out of the office, her mother tried to console her, but the supporters of the applicant started shouting at both the informant and her mother. Subsequently, the informant lodged an FIR.

7.

Since Sections 74 and 76 of the BNS Act-offences against women -have been invoked. Issue notice to the informant, returnable on 26 March 2025.

8.

The applicant is directed to attend the office of the Investigating Officer on 17 March 2025, 18 March 2025, 19 March 2025 and 20 March 2025 between 11:00 a.m. to 1:00 p.m.

9.

Stand over to 26 March 2025 under the caption "For Urgent Circulation".

10.

In the meanwhile, no coercive steps will be taken against the applicants until the next date of hearing. Further, the applicant shall refrain from contacting the victim, their family members, or their relatives in any form, including online messages, until further orders of this Court. 4.

The learned APP submits that the IO was specifically directed to attend the Court proceeding today and give instructions. The learned APP submits that the IO has not given any information uptill

Diksha Rane 11 ABA 602-2025.doc now.

5.

The IO in the present crime No.70/2025 along with the Senior Inspector of Police, Taluka Malegaon Police Station, to remain present before this Court on the next date of the hearing. The learned APP undertakes to inform the passing of this order to the concerned IO and the Senior Inspector of Police, Taluka Malegaon Police Station. 6.

Stand over to 7/4/2025 under the caption "for urgent circulation".

7.

The ad-interim protection granted earlier to continue till the next date of the hearing.

(RAJESH S. PATIL, J.) Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 27/03/2025 12:07:10