2025:BHC-AUG:8075 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

932 ANTICIPATORY BAIL APPLN. NO.14 OF 2025 VIKAS VINAYAK HADKE VERSUS THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr.Joydeep Chatterji APP for Respondent-State : Mr.S.P.Sonpawale Advocate for respondent no.3 : Mr.A.G.Dalal [Appointed]

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CORAM : ARUN R. PEDNEKER, J.

DATE : 18.03.2025 P.C. :

1] Heard learned counsel for the applicant, the learned APP for the respondent-State and the learned counsel for the respondent no.3.

2] The applicant is apprehending arrest in connection with Crime No. 0902/2024, registered with Pathardi Police Station, District Ahmednagar, for the offence punishable under Section 354 (A), 376 (2) (N), 504 and 506 of the Indian Penal Code.

3] This Court, by order dated 17.01.2025, has granted interim protection in favour of the applicant by noting that the relations between the applicant and the informant is prima facie consensual. As regards the offences under Section 376 (2) (N), 504 and 506 of the IPC are concerned, the said offences could not be applicable. Other allegation in the FIR is that the applicant has taken some gold ornaments and Rs.30,000/- from the informant. Considering that the FIR is registered after a period of 4 and half months from the date of money being taken and considering the relations between the applicant and informant is consensual, the interim protection granted by order dated 17.01.2025 stands confirmed, in the following terms :

i] The applicant shall attend the concerned police station as and when required by the investigating officer.

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

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

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

5] 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.

6] The application stands disposed of.

7] Mr.A.G.Dalal, learned counsel, appointed by the High Court Legal Aid Services Sub-Committee, Aurangabad to represent the respondent no.3 shall be paid fees as per the Rules.

[ARUN R. PEDNEKER]

JUDGE DDC