Swati Kirankumar Morey And ANR v. State Of Maharashtra Thr Pso., Ps Telhara Tq Akot. Dist. Akola

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.991 OF 2025 Atiqur Rehman Khan And Anr ...Applicants

Versus

State Of Maharashtra

...Respondent

____________________________________ Mr. Ganesh Gole i/b. Mr. Shirodkar Ateef, Advocate for the Applicants. Mr. Amit Shalgaonkar, APP for the State.

Mr. Ranjit Yadav, Advocate for Respondent No.2. Mr. Pravin Murlidhar Patil, PSI Sakinaka Police Station present. ____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 8 MAY 2025 P.C.:

1.

This is an application at the instance of the applicants/accused under Section 482 of the Bharatiya Nagarik Suraksha Sanhita 2023 for pre-arrest bail in Crime No.176/2025 registered at Police Station Sakinaka for the offences punishable under Section 115(2), 118(2), 351(2), 352 read with Section 3(5) fo the Bharatiya Nyay Sanhita 2023. 2.

The complaint has been lodged, based on which an FIR has been registered.

3.

The parties are known to each other, being landlord and tenant. Cross complaint has been filed by the parties against each other,

pursuant to which FIR has been lodged.

4.

The learned APP has tendered the medical certificate of three persons, who are closely related with the first informant. I have gone through the injury certificate of the municipal hospital which mention that all the three injuries are a simple nature. 5.

I have heard the learned advocate for both the sides and the learned APP considering the nature of the injury and relationship between the parties. In such a situation, prima facie case is made out by the Applicant to grant anticipatory bail on the following conditions:-

ORDER

(a) The anticipatory bail application is allowed. (b) In the event of arrest of the Applicants, Crime No.176/2025 registered at Police Station Sakinaka for the offences punishable under Section 115(2), 118(2), 351(2), 352 read with Section 3(5) fo the Bharatiya Nyay Sanhita 2023., the Applicants shall be released on bail furnishing P.R. bond to the extent of Rs.30,000/- each with one or more sureties of the like amount.

(c) The Applicants shall co-operate with the investigation and attend and meet the investigating officer of the concerned police station on 13 May 2025 and 14 May 2025 at 11:00 a.m. to 1:00 p.m. every Monday till the filing of the charge-sheet.

(d) The Applicants shall not directly or indirectly make any inducement, threat or promise to victim and to any person acquainted with facts of case so as to dissuade him/her from disclosing the facts to Court or any Police Officer and should not tamper with evidence. (e) The Applicants shall furnish his contact number and residential address to the investigating officer and shall keep him updated, in case there is any change.

(f) The Applicants and his surety shall provide their respective mobile numbers, e-mail address and documents pertaining to the place of residence.

(g) The Applicants shall also refrain from contacting the victim, her family members, or the victim's relatives in any form/mode, including through online messages, until further orders of this Court. 6.

Needless to say, violation of any of the aforesaid conditions would make the applicants liable to face proceedings for cancellation of anticipatory bail. It is also 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.

(RAJESH S. PATIL, J.)