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Bombay High CourtABA/112/2025application allowed

Nikunjkumar Pravinbhai Patel v. The State Of Maharashtra And Another

2025-04-21Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:11444

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 67 ANTICIPATORY BAIL APPLICATION NO. 112 OF 2025 Nikunjkumar Pravinbhai Patel

VERSUS

The State Of Maharashtra And Another ...

Advocate for Applicant : Mr. Swapnil Patankar a/w/ Sakshi Muley h/f J.P. Legal Associates APP for Respondents-State: Ms. P. V. Diggikar ...

CORAM : ARUN R. PEDNEKER, J.

Dated : April 21, 2025.

PER COURT :- 1.

Heard learned Counsel for the applicant and the learned APP for the respondent-State.

2.

The applicant is apprehending arrest in connection with FIR No. 0718/2024 dated 24/10/2024, registered at Dhule Taluka Police Station, District Dhule, for the offences punishable under Sections 109(1), 281 of the Bharatiya Nyaya Sanhita, read with Sections 65(a), 65(b), 80, and 83 of the Maharashtra Prohibition Act, and Section 184 of the Maharashtra Motor Vehicles Act.

3.

This Court, by order dated 28/02/2025, granted interim protection to the applicant. The learned Counsel for the applicant submits that the applicant has since appeared before the investigating officer and has cooperated with the investigation.

4.

On the other hand, the learned APP submits that the applicant has not cooperated with the investigation and has failed to disclose any information regarding the illicit liquor. It is further submitted that the vehicles involved are being operated by the applicant, who is stated to have taken them on 1 of

67 ABA 112-2025 lease.

5.

This Court has already granted interim protection in favour of the applicant, and there are no criminal antecedents against the applicant. In view thereof, the interim protection earlier granted to the applicant is hereby confirmed.

6.

In view of the above, the application is allowed in the following terms: - i] In the event the applicant is arrested in connection with FIR No.0718/2024, dated 24/10/2024, registered at Dhule Taluka Police Station, District Dhule, for the offences punishable under sections 109(1), 281 of Bharatiya Nyaya Sanhita, read with Section 65(a), 65(b), 80 and 83 of the Maharashtra Prohibition Act, read with 184 of the Maharashtra Motor Vehicles Act, he shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount to the satisfaction of the trial Court. ii] The applicant shall attend the police station as and when called by the police.

iii] 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. iv] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

7.

In the event, the applicant violates any of the conditions specified in 2 of

67 ABA 112-2025 this order, it shall be liable to be cancelled. 8.

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.

9.

The application stands disposed of.

( ARUN R. PEDNEKER, J. ) vj gawade/-.

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