Loknathan Munswami Pilley Vs State of Maharashtra Thr. Pso Old Kamptee, Police Station, Nagpur — Bombay HC (2025) — LawSathi Research

Loknathan Munswami Pilley Vs State of Maharashtra Thr. Pso Old Kamptee, Police Station, Nagpur — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application for pre-arrest bail allowed; interim protection granted by order dated 05.03.2025 confirmed, conditional on the applicant attending the concerned police station as and when required for investigation and cooperating with the investigating agency upon advance notice by the Investigating Officer, and abstaining from inducing, threatening or promising any witnesses acquainted with the facts of the case; application disposed of.

Issue for consideration

Whether the applicant, apprehending arrest in Crime No.84/2025 (P.S. Old Kamptee, District Nagpur) registered for offences under Sections 74, 329(4), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023, is entitled to pre-arrest bail, and whether his custodial interrogation is required.

Court's answer

On perusal of the investigation papers, the only allegation against the applicant is that he held the victim's hands and snatched her mobile phone; accordingly, his custodial interrogation is not required.

Ratio / Principle

Since custodial interrogation is not required, the interim protection already granted to the applicant by order dated 05.03.2025 is confirmed, subject to conditions that he shall attend the concerned police station as and when required for investigation and cooperate with the investigating agency on advance notice by the Investigating Officer, and shall not induce, threaten or promise any witnesses acquainted with the facts of the case.

Detailed headnote1 paragraphs

Pre-arrest bail — Applicant apprehended arrest in Crime No.84/2025, P.S. Old Kamptee, Dist. Nagpur, registered under Sections 74, 329(4), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023 on the victim's report that on 14.02.2025 he entered her house, abused her husband and brother, threatened her, and while she was trying to call the police station held her hand and snatched her mobile phone, outraging her modesty — Counsel for applicant urged the allegations were baseless owing to previous enmity between the families and that the recitals show only an allegation of holding the hand, making custodial interrogation unnecessary, and filed a pursis admitting criminal antecedents were omitted from the application inadvertently; learned APP opposed contending the hand was held with sexual intent requiring custodial interrogation — On perusal of the investigation papers the Court found the only allegation was that the applicant held her hands and snatched the mobile phone, hence custodial interrogation not required — Interim protection granted by order dated 05.03.2025 confirmed, subject to conditions of attending the police station as and when required for investigation, cooperating with the investigating agency on advance notice, and not inducing, threatening or promising witnesses — Application allowed and disposed of (Urmila Joshi Phalke, J.).

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2025:BHC-NAG:4113

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

CRIMINAL APPLICATION (ABA) NO.149 OF 2025

(Loknathan Munswami Pilley Vs. The State of Maharashtra thr. PSO Police Station Old Kamptee, Tah. Kamptee, Dist. Nagpur)

Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar’s Orders.

Mr. Nazim Qureshi, Advocate for Applicant. Mr. A. M. Ghogare, APP for Non-Applicant/State.

CORAM: URMILA JOSHI PHALKE, J. DATE: 21st APRIL, 2025.

Heard.

Apprehending the arrest at the hands of police in connection with Crime No.84/2025 registered with Police Station Old Kamptee, District Nagpur for the offences punishable under Sections 74, 329(4), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023. The applicant approached to this Court for grant of pre-arrest bail.

The crime was registered on the basis of report lodged by the victim on an allegation that the present applicant on 14.02.2025 entered in her house and abused her husband as well as her brother and also threatened her. Thereafter, when she was trying to call police station, the accused hold her hand and snatched the mobile phone from her, and therefore, she felt ashamed, and hence she filed the FIR as the applicant has outraged her modesty.

aba149.25.O.odt

2

Heard learned counsel for the applicant who submitted that as far as the allegations are concerned which are baseless due to the previous enmity between the two families. He submitted that the recitals of the FIR shows that the allegation is only to the extent of holding her hand therefore, the custodial interrogation is not required. He filed the pursis to the extent that by showing the apology as the criminal antecedents are not mentioned in the application inadvertently.

The learned APP strongly opposed the said application on the ground that the applicant with the sexual intent hold the hand of the victim and therefore, his custodial interrogation is required.

On hearing both the sides and on perusal of the investigation papers it reveals that only allegation is that the applicant has hold her hands and snatched the mobile phone. Thus, considering there is allegations leveled against the present applicant. His custodial interrogation is not required. In view of that, the interim protection granted to the present applicant deserves to be considered. Accordingly, I proceed to pass following order:

O R D E R

(i) The application is allowed.

(ii) The interim protection granted to the present applicant by order dated 05.03.2025 is hereby confirmed with the condition that he shall attend the

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concerned police station as and when required for the investigation purpose and shall co-operate with the investigating agency, on issuance of the notice in advance to the present applicant by the Investigating Officer.

(iii) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.)

NSN