Laxman Narayan Are Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

Laxman Narayan Are Vs the State of Maharashtra — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail: in the event of arrest in connection with FIR No.353/2024, release on bail on furnishing a PR bond of Rs.20,000/- with one or two sureties in the like amount, subject to conditions (attendance at the police station when called, no tampering with evidence or influencing of informant/witnesses, cooperation with investigation and trial), failing which the order is liable to be cancelled; application disposed of.

Issue for consideration

Whether the applicant, apprehending arrest in connection with FIR No.353/2024 registered at Basamba Police Station, District Hingoli, for offences punishable under sections 117(2), 117(3), 115(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, is entitled to anticipatory bail.

Court's answer

The anticipatory bail application is allowed: in the event the applicant is arrested in connection with FIR No.353/2024, he shall be released on bail on furnishing a PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

Ratio / Principle

Release is subject to conditions: the applicant shall attend the police station as and when called, shall not tamper with the prosecution evidence and shall not influence the informant, witnesses and other persons concerned, and shall cooperate with the investigation and the proceedings before the trial Court.

Key takeaways

In the event the applicant violates any of the conditions specified in the order, the order shall be liable to be cancelled.ratio¶23
It is clarified that the observations made in the 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 those observations.ratio¶27

Detailed headnote1 paragraphs

Anticipatory bail granted — Bombay High Court, Aurangabad Bench (Arun R. Pedneker, J.) allowed the anticipatory bail application of Laxman Narayan Are, who was apprehending arrest in FIR No.353/2024 dated 22/11/2024 of Basamba Police Station, District Hingoli, for offences punishable under sections 117(2), 117(3), 115(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. Interim protection had been granted earlier on 07/02/2025 in view of the injured's no-objection, and a quashing application was stated to be pending; the applicant had attended the police station and cooperated with the investigation. On arrest, the applicant is to be released on a PR bond of Rs.20,000/- with one or two sureties in the like amount, subject to conditions of attendance when called, non-tampering with evidence, non-influencing of the informant and witnesses, and cooperation with the investigation and trial; breach renders the order liable to cancellation. Observations are confined to disposal of the anticipatory bail application and the trial Court is to proceed uninfluenced by them.

2025:BHC-AUG:4535

IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD

39 ANTICIPATORY BAIL APPLICATION NO. 100 OF 2025

Laxman Narayan Are

VERSUS

The State Of Maharashtra

Advocate for Applicant : Mr. Vishal Amritlal Bagdiya APP for Respondents-State: Mr. S. P. Sonpawale Advocate for Assist to APP : Mr. G. R. Syed

CORAM : ARUN R. PEDNEKER, J.

Dated : February 17, 2025.

PER COURT :-

Heard learned counsel for the applicant, the learned APP for the respondent-State, and the learned Counsel for Assist to APP.

The applicant is apprehending arrest in connection with FIR No.353/2024, dated 22/11/2024, registered at Basamba Police Station, District Hingoli, for the offences punishable under sections 117(2), 117(3), 115(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

This Court, by order dated 07/02/2025, granted interim protection to the applicant, considering the no-objection by the injured. It is also stated that an application for quashing of proceedings has been filed.

The learned Counsel for the applicant submits that, in pursuance of the order passed by this Court, the applicant has attended the police

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39 ABA 100-2025

station and has cooperated with the investigation.

In view of the above, the application is allowed in the following terms : -

i] In the event the applicant is arrested in connection with FIR No.353/2024, dated 22/11/2024, registered at Basamba Police Station, District Hingoli, for the offences punishable under sections 117(2), 117(3), 115(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, he shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court.

ii] The applicant shall attend the police station as and when called by the police.

iii] 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.

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

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

It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and

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39 ABA 100-2025

the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

The application stands disposed of.

( ARUN R. PEDNEKER, J. )

vj gawade/-.

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