- 1 - aba1199.26.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 43 ANTICIPATORY BAIL APPLICATION NO. 1199 OF 2026 Nitin Vijay Lodwal ….Applicant VERSUS The State of Maharashtra …..Respondent Mr. M. K. Bhosale, Advocate for Applicant Mr. S. G. Joshi, APP for the State. CORAM : R. M. JOSHI, J. DATE : 27th JULY, 2026. PER COURT : 1. Applicant seeks pre-arrest bail in connection with Crime No. 0523/2026 registered with M.I.D.C. Waluj Police Station, District Chhatrapati Sambhaijnagar for the offence punishable under Section 74 of Bharatiya Nyaya Sanhita. 2. First informant is a lady who informs the incident occurred on 28.05.2026 at about 11.00 pm. She claims that the Applicant came infront of their house and threw stone on the door. When the informant came out of the house, he pulled her and outraged her modesty. She specifically states as to what happened in the First Information Report. - 2 - aba1199.26.odt 3. Learned Counsel for the Applicant submits that the Applicant and informant have dispute over the tenancy as well as the loan obtained by the informant from the mother of the Applicant. As far as the allegations in the First Information Report are concerned, it is his submission that in view of the allegations made against the Applicant, his custodial interrogation is not necessary. He makes a statement on oath that the Applicant will not enter the jurisdiction of the concerned police station till conclusion of the trial. It is his submission that this will take care of the apprehension recorded by the Sessions Court in the order rejecting bail application. 4. Learned APP opposed grant of any protection to the Applicant by citing allegations in the First Information Report. It is his submission that the statement of informant also gets supported by the witness. 5. Prima facie perusal of the First Information Report and statement of informant recorded under Section 183 of BNSS show discrepancy. Apart from the fact that the eye witness at the first instance has never stated about having witnesses the occurrence of the incident however, in the supplementary statement he claims so. - 3 - aba1199.26.odt As such, possibility of over implication is not ruled out. The Applicant is aged about 20 years having no criminal antecedents. He has made a voluntary statement that he will stay away from the jurisdiction of concerned police station till conclusion of the trial, this takes care of the apprehension of the victim. Hence, application is allowed in following terms :- ORDER (i) In the event of arrest of applicant Nitin Vijay Lodwal, in connection with Crime No. 0523/2026 registered with M.I.D.C. Waluj Police Station, District Chhatrapati Sambhaijnagar for the offence punishable under Section 74 of Bharatiya Nyaya Sanhita, he be released on bail on furnishing PR Bond of Rs. 15,000/- (Rs. Fifteen Thousand only) with one surety in the like amount. (ii) He shall not enter the jurisdiction of the concerned police station till conclusion of the trial. (iii) He shall not contact the witnesses directly or indirectly. (iv) He shall not interfere with the evidence in any manner whatsoever. - 4 - aba1199.26.odt (v) He is further directed to cooperate the investigating agency for further investigation. (vi) Learned APP to communicate this order to the concerned Investigating Officer. ( R. M. JOSHI, J.) dyb