Interim protection in anticipatory bail applications can be confirmed with conditions to maintain peace and cooperate with investigations, especially in cases involving family disputes.

JUDGMENT :

[ARUN R. PEDNEKER, J.]

1] The applications for assist to public prosecutor are allowed.

2] Heard learned counsel for the applicants and the learned APP for the respondent-State.

3] The applicants in respective applications are apprehending arrest in connection with Crime No.0420 of 2024, dated 02.11.2024, registered at Paithan Police Station, District Aurangabad, for the offences punishable under Sections 109, 333, 115(2), 118(1), 189(2), 189, 190, 191(2), 191(3), 351(2), 352 of the Bharatiya Nyaya Sanhita, 2023 & Crime No.0423 of 2024, dated 02.11.2024, registered at Paithan Police Station, District Aurangabad, for the offences punishable under Sections 109, 115(2), 118(1), 189(2), 189(4), 190, 191(2), 191(3), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023 respectively.

4] The cross-FIRs are filed in Crime No.0420 of 2024 – 9 accused, whereas in Crime No.0423 of 2024 – 10 accused and the parties are neighbours, so also, relatives. This court by interim orders has protected the respective applicants. Considering the fight between 2 groups who are neighbours who are also relatives resulting in cross-FIRs and the injuries are sustained by both the groups and most of the injuries are simple in nature. However, there are two serious injuries but they are on the hand of the injured. Considering that they are family members and the fight is between 2 groups and there is no specific role attributed to single individual, as such, all the accused are attributed common note. The roles of all the accused is taken as common and the interim protection granted earlier would stands confirmed on following conditions.

5] The applicants have undertaken before this court that there would be no fight between them and they would maintain peace and, if, there is fight between the parties and FIR is registered, the protection granted by this court would stand withdrawn.

6] In view of the above, the interim protection granted earlier by orders dated 22.11.2024, 28.11.2024, 10.12.2024, 11.12.2024 in respective matters, stands confirmed, on the following terms:

i] The applicants shall attend the police station as and when required by the Investigating Officer.

ii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case.

iii] The applicants shall co-operate with the investigation and also in the proceedings before the trial Court.

7] In the event, the applicants violates any of the conditions specified in this order, it shall be liable to be cancelled.

8] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

9] The applications stand disposed of.