Ajay Bhagwat Badhe v. Lalit Nilkanth Chaudhari And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 132 OF 2025 VASANT DATTATRAYA PATIL THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. N. B. Khandhare h/f. Mr. Dhananjay B. Thoke, advocate for the applicant.

Mr. S. K. Shirse, APP for Respondent Nos.1 and 2. ...

ANTICIPATORY BAIL APPLICATION NO. 133 OF 2025 GOKUL SHRAWAN MAHAJAN THE STATE OF MAHARASHTRA AND ANOTHER Mr. Mukul S. Kulkarni, advocate for the applicant. Mr. S. K. Shirse, APP for Respondent Nos.1 and 2. ANTICIPATORY BAIL APPLICATION NO. 136 OF 2025 LALIT NILKANTH CHAUDHARI AND ANOTHER THE STATE OF MAHARASHTRA AND ANOTHER Mr. Rahul Ashok Shinde, advocate for the applicants. Mr. S. K. Shirse, APP for Respondent Nos.1 and 2. ANTICIPATORY BAIL APPLICATION NO. 150 OF 2025 VIJAYKUMAR KANHAILAL JAIN AND ANOTHER THE STATE OF MAHARASHTRA AND ANOTHER Mr. Dayanand S. Mali, advocate for the applicants. Mr. G. O. Wattamwar, APP for Respondent Nos.1.

CRIMINAL APPLICATION NO. 396 OF 2025 IN ABA/133/2025 AJAY BHAGWAT BADHE GOKUL SHRAWAN MAHAJAN AND OTHERS Mr. Chaitanya V. Dharurkar, advocate for the applicant. Mr. Mukul S. Kulkarni, Advocate for Respondent No.1. Mr. S. K. Shirse, APP for Respondent Nos.2 and 3. CRIMINAL APPLICATION NO. 397 OF 2025 IN ABA/132/2025 AJAY BHAGWAT BADHE VASANT DATTATRAYA PATIL AND OTHERS Mr. Chaitanya V. Dharurkar, advocate for the applicant. Mr. D. B. Thoke, Advocate for Respondent No.1. Mr. S. K. Shirse, APP for Respondent Nos.2 and 3. CRIMINAL APPLICATION NO. 398 OF 2025 IN ABA/136/2025 AJAY BHAGWAT BADHE LALIT NILKANTH CHAUDHARI AND OTHERS Mr. Chaitanya V. Dharurkar, advocate for the applicant. Mr. S. K. Shirse, APP for Respondent Nos.3 and 4. CRIMINAL APPLICATION NO. 474 OF 2025 IN ABA/150/2025 AJAY BHAGWAT BADHE VIJAYKUMAR KANHAILAL JAIN AND OTHERS Mr. Chaitanya V. Dharurkar, advocate for the applicant.

Mr. D. S. Mali for Respondent Nos.1 and 2.

Mr. S. K. Shirse, APP for Respondent Nos.3 and 4. AND 955 ANTICIPATORY BAIL APPLICATION NO. 183 OF 2025 PAWAN NISHIKANT KOLTE (REFERRED AS PANKAJ KOLTE ) THE STATE OF MAHARASHTRA AND ANOTHER ...

Patil Vinod Prakash, Advocate for Applicant Mr. S. K. Shirse, APP for Respondent-State.

...

CRIMINAL APPLICATION NO. 472 OF 2025 IN ABA/183/2025 AJAY BHAGWAT BADHE PAWAN NISHIKANT KOLTE AND OTHERS Mr. Chaitanya V. Dharurkar, Advocate for Applicant ......

CORAM :

ARUN R. PEDNEKER, J.

DATE :

07.02.2025 P.C.:- 1] Applications filed for assisting the learned APP are allowed. The learned advocate is allowed to assist the learned APP. 2] Heard learned counsel for the applicants and the learned APP for the respondent-State and the learned advocate assisting the APP. 3] The applicants have approached this Court apprehending arrest in connection with Crime No.0365/2024 dated 03.12.2024, registered with Ramanand Police Station, District Jalgaon, for the offences punishable under sections 420 and 34 of the Indian Penal Code, 1860.

4] The case against the applicants is that between the period of 01.09.2023 to 26.09.2023, the complainant has paid various amounts for procuring funds from the companies (corporate social responsibilities funds) towards constructions of agricultural farm lakes to be constructed within the State of Maharashtra. It is stated that the informant has paid various amounts to the V. D. Patil and Suryasingh Chavan. It is stated that the informant has paid amount of Rs.20,00,000/- to Vasant Dattatray Patil in cash. It is also stated that the informant paid Rs.20,00,000/- through R.T.G.S. to one Mr. Suryasingh Chavan and Gold River Infra Limited.

5] Even after paying the money, the contracts were not issued to the informant and as such complaint was made to the economic offences wing by the informant, in pursuance of which enquiry was conducted by the economic offences wing and ultimately the same was closed by holding that there was case made out only against Suryasingh Chavan and Gold River Infra Company and directed the informant to lodge the report accordingly. Thereafter, on 05.06.2024, the complainant filed application under Section 156(3) of the Code of Criminal Procedure, 1973 before the Magistrate. Based on the complaint filed by the complainant, the Magistrate has directed to register the FIR. In pursuance of the direction to register the FIR, the present bail applications are filed by the applicants for anticipatory bail apprehending arrest.

6] Prima-facie, even if I consider the case at its face value, it appears from the complaint that the amount paid is for procuring contract from private companies and the applicants' services are utilised as agents/liaison officers in view of their contacts with private companies. Amount of Rs.20,00,000/- by cash is paid by the informant, but there is no prima-facie evidence to substantiate the

same. The economic offences wing has conducted an enquiry and no evidence was found by the with economic offences wing to make out aforesaid offences against the applicants except the statement of the informant that he has paid Rs.20,00,000/- in cash to the applicant-Mr. Vasant Dattatray Patil for the sanction of funds under the scheme of Corporate Social Responsibility. The informant is a builder and a man with business acumen. It is not expected of the informant to pay by cash huge amount without receipt of the same or an agreement duly executed for the same. In absence of any prima-facie evidence showing that payment has been made by the informant to the applicants, this Court holds that interim protection can be granted to the applicants, more particularly, in view of the fact that earlier also enquiry was conducted by the economic offences wing and no material has been found against the applicants.

7] Considering both these aspects, interim protection is granted to the applicant-Vasant Dattatray Patil. As regards the other applicants are concerned, no case is made out by the informant that amounts are paid to them.

8] The learned counsel appearing for the original informant submits that there is evidence on record that Suhas Bhatt and Pankaj Nimade had travelled with the informant to various places and Pankaj Nimade has also returned certain amount to the informant. I have already observed above the case is based on cash transaction and preliminary investigation is also carried out by EOW. Considering the same all the applicants are granted interim protection. 9] In the meanwhile, there shall be interim order in the following terms :-

A] Till the next date, in the event the applicants are arrested in connection with FIR No.0365/2024 dated 03.12.2024, registered with Ramanand Police Station, District Jalgaon, the applicants shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in the like amount.

B] The applicants shall remain present before the investigating as and when required by the investigating officer.

C] The applicants shall co-operate with the investigation, including producing all documents in his possession, as may be demanded by the investigating officer. D] The applicants shall not influence the informant, witnesses or any person concerned with the case and he shall not tamper with the evidence.

10] Needless to say, violation of any of the aforesaid conditions may result in this order being cancelled.

11] List on 14.2.2025. Interim protection granted today to continue till the next date only.

(ARUN R. PEDNEKER) JUDGE