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2025 DAILYLAW 31472 (BOM)

VIKAS MUKINDA RAGADE v. THE SUPERINTENDENT OF POLICE AND OTHERS

ABA/1918/2024 · 2025-01-20

Shri Arun R Pedneker

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Judgment text

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1 1918.24ABA IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 51 ANTICIPATORY BAIL APPLN. NO. 1918 OF 2024 VIKAS MUKINDA RAGADE VERSUS THE SUPERINTENDENT OF POLICE AND OTHERS ... Advocate for Applicant : Mr.K.A.Pathade h/f. Mr.P.P.More APP for Respondent-State : Mr.A.A.A.Khan Advocate for the respondent no.3 : Ms.Mansi Thorat … CORAM : ARUN R. PEDNEKER, J. DATE : 20.01.2025 P.C. : 1] Heard learned counsel for the applicant, the learned counsel for the respondent no.3 and the learned APP for the respondent-State. 2] The applicant is apprehending arrest in connection with Crime No.0383/2024, registered at Badnapur Police Station, Taluka Badnapur, District Jalna, for the offences punishable under sections 64 (1) and 69 of the Bharatiya Nyaya Sanhita, 2023. 3] The learned counsel for the applicant submits that this Court, by order dated 28.10.2024, has granted interim protection in favour of the applicant for the reasons 2025:BHC-AUG:1883 2 1918.24ABA stated in the said order. In terms of the said order, the applicant has attended the concerned police station and has co-operated with the investigation. 4] The learned counsel for the informant submits that although there was consensual relationship between them, at the time of incident, the informant had not given her consent for any kind of physical relation. 5] Considering that in terms of order dated 28.10.2024, the applicant has attended concerned police station and has co-operated with the investigation. Admittedly, there was extra marital relationship between the parties and possibility of over implication after the relations have turned sour cannot be ruled out. In view of the same, the interim protection granted by this Court by order dated 28.10.2024 stands confirmed, on the following terms : i] The applicant shall attend the concerned police station as and when called 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. 3 1918.24ABA iii] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court. 6] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled. 7] 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. 8] The application stands disposed of. 9] Ms. Mansi Thorat, learned counsel appointed by this Court to represent the cause of respondent no.3, shall be paid fees of Rs.10,000/- by the High Court Legal Aid Services Sub-Committee, Aurangabad. [ARUN R. PEDNEKER] JUDGE DDC