Bhagwan Vikram More v. MEHROZ K. PATHAN, J

25 ABA NO. 715 OF 2025IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABADANTICIPATORY BAIL APPLICATION NO. 715 OF 2025Bhagwan Vikram MoreVERSUSThe State Of Maharashtra And Another…•Mr. J. V. Patil, Advocate for Applicant•Mr. K. K. Naik, APP for Respondents - State…CORAM:MEHROZ K. PATHAN, J.DATED:05.01.2026PER COURT :1.Heard learned counsel for the applicant and the learned APPfor the respondents-State.2.The applicant has approached this Court apprehending arrestin connection with FIR No. 310 of 2024 dated 21.06.2024, registeredwith Jamner Police Station, District Jalgaon, for the offencespunishable under Sections 307, 308, 353, 332, 333, 143, 147, 148,341, 342, 435, 323, 504, 506, 427 read with Section 149 of theIndian Penal Code, 1860; Sections 3 and 7 of the Prevention ofDamage to Public Property Act, 1984; Section 7 of the Criminal LawAmendment Act, 2013; and Section 37(1)(3) read with Section 135of the Maharashtra Police Act, 1951.Jhs/1/4 25 ABA NO. 715 OF 20253.This Court, vide order dated 09.05.2025, granted interim bailto the applicant on certain conditions and directed the applicant toattend the Investigating Officer on specified dates and time andthereafter as and when required.4.Learned counsel for the applicant submits that the applicanthas complied with all the conditions imposed by this Court vide orderdated 09.05.2025 and is further ready and willing to cooperate withthe investigation. It is submitted that the applicant was not initiallynamed in the FIR and was later implicated allegedly on the basis ofcertain video recordings and CCTV footage captured by camerasinstalled at various places. It is further submitted that the applicanthas no criminal antecedents and, therefore, deserves protection.5.As against this, learned APP vehemently opposes theapplication contending that although the applicant has cooperatedwith the investigation, several co-accused are still absconding. It issubmitted that custodial interrogation of the applicant is necessary asthere is a likelihood of the applicant again creating a law and ordersituation in the vicinity. It is further contended that the applicantplayed a vital role in gathering the mob, which assaulted policepersonnel who were attempting to pacify the enraged crowd agitatedover an alleged incident of rape of a minor girl. Hence, according tothe learned APP, this is not a fit case for grant of anticipatory bail. Jhs/2/4 25 ABA NO. 715 OF 20256.I have perused the investigation papers and the interim orderdated 09.05.2025. Learned counsel for the applicant has alsotendered a copy of the order dated 28.11.2024 passed in the case ofaccused Salusing Gimalya Shewale, shown as accused No. 1 in theFIR, whose interim relief was confirmed vide order dated 09.01.2025in Anticipatory Bail Application No. 2009 of 2024. Perusal of the casediary reveals that the said accused also stood on a similar footing, having allegedly instigated the mob to take law into their own handsand cause damage to public property. Since the main accused hasbeen granted anticipatory bail, I am inclined to protect the presentapplicant on the principle of parity and continue the interim order.7.Hence, the following order :-O R D E RA)The Anticipatory Bail Application is allowed.B)The interim order dated 09.05.2025 is herebyconfirmed, with an additional condition that theapplicant shall attend the concerned police station andreport to the Investigating Officer on 09th, 10th, 16th,17th, 23rd, and 24th January, 2026, between 12:00noon and 02:00 p.m., and thereafter as and whenrequired till completion of the investigation and filingof the charge-sheet. Jhs/3/4 25 ABA NO. 715 OF 2025C)The Applicant shall also cooperate with theinvestigation. D)The Applicant shall not pressurize the prosecutionwitnesses and shall not tamper with the prosecutionevidence, in any manner.E)The applicant shall furnish copies of his Aadhaar Cardand PAN Card to the Investigating Officer along withthe addresses and mobile numbers of two nearestrelatives.8.Needless to say, violation of any of the aforesaid conditionsshall entitle the prosecution to seek cancellation of the anticipatorybail.9.The observations made herein are prima facie in nature andshall not influence the Trial Court or any other Court while decidingthe case on its own merits.10.In view of the above, the application stands disposed of.11.Pending applications, if any, also stand disposed of.( MEHROZ K. PATHAN, J. )Jhs/4/4