Rajkumar S/O Ladharam Israni And ANR v. State Of Maharashtra Thr Pso., Jaripatka Ps, Nagpur

2025:BHC-AS:20721

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 970/2025 MRITUNJAY SURYABALI JAYSAWAR ...APPLICANT VS STATE OF MAHARASHTRA AND ANR.

...RESPONDENTS ...

Adv. Sanjay Gangal a/w Swaraj M. Savant for the Applicant. Adv. Anand S. Shalgaonkar, APP for the Respondent State. Adv. Anshuman Sambre for Respondent No. 2 PSI Ashwini Patil, Chandannagar Police Station. ...

CORAM

: RAJESH S. PATIL, J.

DATED : MAY 6, 2025 P.C.:

1.

The applicant is seeking interim bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in Crime No. 46/2025, registered with Chandannagar Police Station for the offences punishable under Section 74 of the Bharatiya Nyaya Sanhita, 2023. 2.

This is a case of cross FIRs lodged by the parties against each other. Both parties residing the same locality. 3.

The learned counsel for the applicant tendered a copy of the receipt of payment of Rs.10,000/- to the Central Police Welfare Fund. He has tendered the same along with praecipe dated 6 May 2025. The same is taken on record and marked as "X" for identification.

4.

The learned APP submits that the charge-sheet is ready and the same is likely to be filed very soon. In the present crime, the informant is alleged that the present applicant has outraged her modesty by touching her in appropriately whenever she used to go to near by public toilet. It is further alleged that the applicant needs to tell her that they should elope together.

5.

The applicant and the first informant are both married and are staying with their respective spouses in the same locality. The present applicant has also filed a complaint against the first informant and two others. However, the FIR was lodged by the police on the complaint of the present applicant only on 24/01/2025, by which time, the present FIR was already lodged by the police on 23/01/2025. 6.

Considering the fact that there are no antecedents against the present applicant is concerned, and he is married man staying with his wife. He along with his wife has already filed an FIR against the first informant and two others, according to me, this seems to be a case of cross FIRs between two neighbors. The learned APP submitted that the charge-sheet is ready. In such a situation, according to me, a case is made out to grant pre-arrest bail to the present applicant. Hence, I pass the following order.

ORDER

(a) The anticipatory bail application is allowed. (b) In the event of arrest in connection with Crime No. 46/2025 registered with Chandannagar Police Station the applicant shall be released on bail, on furnishing P.R. bond to the extent of Rs.30,000/- with one or more sureties of the like amount.

(c) The applicant shall co-operate with the investigation and attend and meet the investigating officer on 13 May 2025 and 14 May 2025 between 11.00 a.m. to 1.00 p.m. and thereafter as and when called for.

(d) The applicant shall not contact the first informant/ her family members or witnesses, in any form whatsoever. (e) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and further, the applicant shall not tamper with the evidence in any manner whatsoever.

(f) The applicant shall furnish details of his residential addresses, contact numbers and e-mail addresses to the investigating officer.

7.

Needless to say, violation of any of the aforesaid conditions would make the applicant liable to face proceedings for cancellation of anticipatory bail. It is clarified that the observations made in this order

are limited to the question of grant of anticipatory bail to the applicant in the present application, and that the trial Court shall proceed further, without being influenced by the observations made in this order. 8.

The anticipatory bail application is disposed off as allowed. (RAJESH S. PATIL, J.) Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 07/05/2025 11:21:00