Bombay High Court
Hemant Shrikrishnarao Bhoyar vs State Of Mah. Pso Ps Yavatmal City ... on 14 December, 2021
Bench: V. G. Joshi
1 3 aba 851.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (ABA) NO. 851 OF 2021
Hemant Shrikrishnarao Bhoyar
..vs..
State of Maharashtra, thr. P.S.O. and anr.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri Z.Z. Haq, Advocate for applicant.
Shri S.D. Sirpurkar, A.P.P. for non-applicant/State.
CORAM : VINAY JOSHI, J.
DATED : 14/12/2021
In anticipation arrest in Crime No.778 of 2021
registered with Yavatmal City Police Station, District
Yavatmal for the offence punishable under Sections
353, 504, 506 of the Indian Penal Code, the applicant
is prayed for pre-arrest protection.
2. Learned Counsel for the applicant also seeks
for ad-interim protection.
3. The informant is a Police Head Constable who
alleged that on 10.10.2021 while he was proceedings
on his official duty, the applicant accosted him and by
picking-up quarrel caused obstruction in his official
duty and therefore, the report.
4. Learned Counsel for the applicant would
submit that the applicant was having love affair with
the daughter of the informant-Head Constable. To
substantiate said contention, he has filed several
2 3 aba 851.2021
photographs showing that both were comfortable with
each other. Besides that he has produced CDR to show
that the applicant and the informant's daughter were
frequenting with each other. It is stated that in past, at
the behest of the informant, his daughter has lodged
the report against the applicant for commission of
offence punishable under Section 354 of the Indian
Penal Code. The copy of judgment of acquittal passed
by the Magistrate is produced to imbibe that the
accused was acquitted since the matter was settled. It
is further informed that thereafter, again in the year
2021, a similar police report for the offence punishable
under Section 354 of the Indian Penal Code, was filed,
which is pending.
5. According to the applicant, this is a third
attempt to some how implicate the applicant in the
criminal prosecution. Having regard to the peculiar
facts of this case, it is a fit case to grant interim
protection, till the matter is heard on merits. In view of
that following order is passed :
(a) Issue notice to the non-applicants, returnable
after three weeks. Learned A.P.P. waives notice
for non-applicant no.1/State.
(b) In the event of arrest applicant Hemant
Shrikrishnarao Bhoyar in connection with Crime
No.778 of 2021 registered with Yavatmal City
Police Station, District Yavatmal for the offence
punishable under Sections 353, 504, 506 of the
Indian Penal Code, he be released on interim bail
on his furnishing P.R. bond of Rs.25,000/-, with
one surety in the like amount.
3 3 aba 851.2021
(c) The applicant/accused shall attend concerned
Police Station on every Sunday in between
12.00 noon to 02.00 pm till further orders.
(d) The applicant/accused shall not directly or
indirectly make any inducement, threat or
promise to any person acquainted with the
facts of the case, as also shall not tamper with
the evidence.
JUDGE
Trupti
TRUPTI SANTOSHJI AGRAWAL
15.12.2021 13:27
