Ashok Bhanudas Khakal Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

Ashok Bhanudas Khakal Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail application allowed; interim protection granted on 21.01.2025 confirmed, conditional on the applicant not contacting the informant/witnesses or influencing prosecution witnesses, not tampering with prosecution evidence, and cooperating with the investigation and trial-court proceedings; breach makes the protection liable to cancellation.

Issue for consideration

Whether anticipatory bail should be granted to the applicant, who apprehends arrest in FIR No.877/2024 (Ahmednagar Police Station), and whether the interim protection granted on 21.01.2025 should be confirmed.

Court's answer

Considering that the informant has not sustained injury at the instance of the applicant (and there is no medical record of injuries allegedly inflicted by him), the Court allowed the anticipatory bail application and confirmed the interim protection granted on 21.01.2025, on conditions: (i) the applicant shall not contact the informant or witnesses or influence prosecution witnesses; (ii) he shall not tamper with the prosecution evidence; (iii) he shall cooperate with the investigation and the trial-court proceedings; any violation renders the protection liable to cancellation. The Court clarified that its observations are confined to disposal of the anticipatory bail application and the trial court shall proceed uninfluenced by them.

Detailed headnote1 paragraphs

Anticipatory Bail — Applicant apprehending arrest in FIR No.877/2024 dated 09.12.2024 (Ahmednagar Police Station) for offences punishable under sections 352, 351(3), 351(2), 118(2) & 115 of Bharatiya Nyay Sanhita, 2023 — allegation that applicant assaulted informant on his back with a wooden stick — no medical record of injuries sustained by the informant at the instance of the applicant — interim protection granted on 21.01.2025 confirmed and application allowed, subject to conditions of non-contact with informant/witnesses, non-tampering with evidence and cooperation with investigation and trial — violation liable to cancellation — observations confined to disposal of the anticipatory bail application.

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2025:BHC-AUG:3083

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

ANTICIPATORY BAIL APPLICATION NO.84 OF 2025

Ashok Bhanudas Khakal .. Applicant

Versus

The State of Maharashtra & Anr. .. Respondents

Ms. Supriya Dilip Gandhi, Advocate for the Applicant. Mr. N. B. Patil, APP for Respondent Nos.1 and 2.

CORAM : ARUN R. PEDNEKER, J. DATE : 04.02.2025

P.C.:-

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2 ] The applicant is apprehending arrest in connection with FIR No.877/2024 dated 09.12.2024, registered at Ahmednagar Police Station, District Ahmednagar, for the offences punishable under sections 352, 351(3), 351(2), 118(2) & 115 of Bharatiya Nyay Sanhita, 2023.

3 ] This Court by order dated 21.01.2025, granted interim protection to the applicant.

4 ] Today, it is pointed out by the learned counsel for the applicant from the FIR that the allegation against the applicant is that he has assaulted the informant on his back with a wooden stick. However, as regards the injuries sustained by the informant at the instance of the present applicant, there is no medical record of the

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same.

5 ] The learned counsel for the applicant submits that in pursuance of order dated 21.01.2025, he has attended the concerned police station when called. Considering the same, the interim protection granted by the 21.01.2025 be confirmed.

6 ] The learned APP points out that there is N.C. recorded by the informant against the present accused threatening them to withdraw the present application.

7 ] Considering that the informant has not sustained injury at the instance of the applicant , the application is allowed and interim protection granted by this Court on 21.01.2025 is confirmed on the following terms:-

i] The applicant shall not contact the informant or the witnesses in any manner or influence the prosecution witnesses.

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.

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

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

10] The application stands disposed of.

(ARUN R. PEDNEKER) JUDGE

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