Arbaz Iqbal Tamboli Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

Arbaz Iqbal Tamboli Vs the State of Maharashtra and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted: interim protection confirmed; in the event of arrest in FIR No.0254/2024 dated 12/07/2024 (Sakri Police Station, District Dhule), the applicant to be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount, subject to conditions of attending the police station as called, not tampering with prosecution evidence or influencing the informant/witnesses, and cooperating with the investigation and trial; breach renders the order liable to cancellation. Criminal Application No.223 of 2025 (Assist to APP) also allowed and disposed of.

Issue for consideration

Whether the applicant, who is apprehending arrest in connection with FIR No.0254/2024 dated 12/07/2024 of Sakri Police Station, District Dhule, for offences under sections 109, 189(2), 189(4), 189(3), 189(5), 190, 191(2) and 191(3) of the Bharatiya Nyaya Sanhita, 2023, should be granted anticipatory bail.

Court's answer

The interim protection granted to the applicant is confirmed and the anticipatory bail application is allowed.

Ratio / Principle

Criminal Application No.223 of 2025, filed for Assist to learned APP, is allowed and disposed of.

Key takeaways

In the event the applicant is arrested in connection with FIR No.0254/2024 dated 12/07/2024 of Sakri Police Station, District Dhule, 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¶28
Condition imposed: the applicant shall attend the police station as and when called by the police.ratio¶29
Condition imposed: the applicant shall not tamper with the evidence of the prosecution in any manner and shall not influence the informant, witnesses and other persons concerned with the case.

Detailed headnote1 paragraphs

Anticipatory bail — Offences punishable under sections 109, 189(2), 189(4), 189(3), 189(5), 190, 191(2), 191(3) of the Bharatiya Nyaya Sanhita, 2023 (FIR No.0254/2024 dated 12/07/2024, Sakri Police Station, District Dhule) — altercations between rival groups on religious grounds; victim sustained grievous injuries; cross-complaint filed by the other group; main accused persons already released on regular bail — applicant had attended the police station as directed and cooperated with the investigation; interim protection granted on 23/01/2025 and continued on 06/02/2025 — interim protection confirmed and application allowed: in the event of arrest, release on PR bond of Rs.20,000/- with one or two sureties in the like amount, subject to conditions (attendance at police station as and when called; no tampering with prosecution evidence; no influencing informant/witnesses; cooperation with investigation and trial Court proceedings); violation renders the order liable to cancellation — observations confined to disposal of the anticipatory bail application; trial Court to proceed uninfluenced thereby. Criminal Application No.223 of 2025 (Assist to learned APP) allowed and disposed of.

2025:BHC-AUG:4537

IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD

34 ANTICIPATORY BAIL APPLICATION NO. 16 OF 2025

Kunal Sanjay Wagh

VERSUS

The State Of Maharashtra

Advocate for Applicant : Mr. Aghav Avinash D APP for Respondents-State: Mr. G. O. Wattamwar Advocate for Assist to APP : Mr. Syed G R

WITH

CRIMINAL APPLICATION NO. 223 OF 2025 IN ABA/16/2025

Arbaz Iqbal Tamboli VERSUS

The State Of Maharashtra And Another

Advocate for Applicant : Mr. Syed G R APP for Respondents-State: Mr. G. O. Wattamwar

CORAM : ARUN R. PEDNEKER, J.

Dated : February 17, 2025.

PER COURT :-

Criminal Application No.223 of 2025 is filed for Assist to learned APP. Said application is allowed and disposed of.

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.0254/2024, dated 12/07/2024, registered at Sakri Police Station, District Dhule, for the offences punishable under sections 109, 189(2), 189(4), 189(3), 189(5), 190, 191(2), 191(3) of the Bharatiya Nyaya

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34 ABA 16-2025

Sanhita, 2023.

This Court, by order dated 23/01/2025, granted interim protection to the applicant, and by order dated 06/02/2025, the same has been continued till today. It appears that there were altercations between rival groups on religious grounds. In the said assault, the victim sustained grievous injuries. A cross-complaint has also been filed by the other group. The main accused persons have been released on regular bail.

The learned Counsel for the applicant submits that the applicant has attended the police station as directed by this Court and has cooperated with the investigation. It is further submitted that the applicant was not carrying any weapon. From the CCTV footage, it cannot be ascertained that the applicant assaulted the informant and other persons.

In view of the above the interim protection granted to the applicant is confirmed. The application is allowed in the following terms : -

i] In the event the applicant is arrested in connection with FIR No.0254/2024, dated 12/07/2024, registered at Sakri Police Station, District Dhule, for the offences punishable under sections 109, 189(2), 189(4), 189(3), 189(5), 190, 191(2), 191(3) of the

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34 ABA 16-2025

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 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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