Bombay High Court

ABA/802/2026 of AKBAR KHA S/O DONGAR KHA TADVI Vs THE STATE OF MAHARASHTRA, AND ANR. THR PSO., PS JAMOD TQ. JALGAON JAMOD DIST. BULDHANA on 15 October 2026

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR

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Order

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION [ABA]

NO. 802 OF 2026.

Akbar Kha Dongar Kha Tadvi -VERSUS- The State of Maharashtra and another. Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders. Shri S.I. Gatte, Advocate for the Applicant. Shri H.D. Marathe, A.P.P. for Non-applicant No.1/State. Shri M.A. Ayyub, Advocate (Appointed) for Non-applicant No.2.

CORAM : M.M. NERLIKAR, J. DATE : OCTOBER 15, 2026.

Heard the learned Counsel for the parties.

2. The applicant is apprehending his arrest in connection with Crime No.442/2026 registered with Jalgaon (Jamod) Police Station, District Buldhana for the offences punishable under Sections 74, 333, 115[2], 352, 351[2] and 3[5] of the Bharatiya Nyaya Sanhita, 2023 (BNS).

3. The learned Counsel for the applicant submits Rgd. 2026:BHC-NAG:13873

Order

that this Court vide order dated 08.09.2026, has granted interim protection to the applicant, and pursuant to said interim protection, the applicant has cooperated in the investigation. He submits that this Court has already considered the fact that the first information report was lodged out of grudge and is a counter blast to the first information report lodged by the cousin of the applicant, and therefore, prayed for confirmation of the interim protection.

4. On the other hand, the learned AP.P. submits that there are eye witnesses to the incident. Even statement under Section 183 of the BNSS is recorded. The victim has alleged outraging of modesty by the applicant, and therefore, prayed for rejection of the application

5. Upon consideration of the submissions put forth by both the sides, it appears that this Court has by order dated 08.09.2026, already granted protection to the applicant, and the applicant has accordingly attended the police station as per the conditions contained in the said order. Considering the submissions and nature of allegations, I am inclined to confirm the interim protection Rgd.

Order

granted to the applicant, hence, the following order.

ORDER

(i) Criminal Application is allowed and disposed of.

(ii) The interim protection granted to the applicant vide order dated 08.09.2026, is hereby confirmed on the same terms and conditions.

(iii) Misc. Applications, if any, also stands disposed of.

(iv) Fees of the appointed Counsel be determined and paid as per Rules. JUDGE Rgd. Signed by: R.G. Dhuriya (RGD) Designation: Senior Pvt. Secretary Date: 15/10/2026 15:39:52

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