Bajrang Madhukar Barge And Others v. The State Of Maharashtra And Another

2025:BHC-AUG:6999

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 42 ANTICIPATORY BAIL APPLN. NO. 296 OF 2025 1] BAJRANG MADHUKAR BARGE 2] MADHUKAR DIGAMBER BARGE 3] GOVIND JAISING TEKALE 4] ANKUSH SHRIRAM KHANPATE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicants : Ms.Shilpa Aurangabadkar h/f. Mr.Satej S. Jadhav APP for Respondent-State : Mr.A.A.A.Khan ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 10.03.2025 P.C. :

1] Heard learned counsel for the applicants and the learned APP for the respondent-State.

2] The applicants are apprehending arrest in connection with Crime No.07/2025, registered with Naigaon Police Station, District Nanded, for the offences punishable under Sections 140(3), 351(2), 351(3) r/w. 3(5) of the BNS 2023.

3] This Court, by order dated 27.02.2025, has granted interim protection in favour of the applicants for the submissions and reasons stated in para nos. 3 to 6, as noted below :

3] From record it appears that the applicants had given various amounts to the husband of the informant amounting to Rs.14,00,000/- i.e. Rs.10,00,000/- by cheque and Rs.4,00,000/- by cash. It is stated that the same was given for the purpose of supply of labour and certain dispute arose between them. 4] In the FIR the allegation is that the husband of the informant was abducted on 05.01.2025 and the offence is registered on 08.01.2025. As per the prosecution, after returning, there are no injuries found.

5] The learned counsel for the applicants submits that the husband of the informant was with them for discussion on 05.01.2025 and the FIR is registered at later point of time, so as to absolve the husband of the informant from payment of dues.

6] The learned APP submits that there is an eye witness to the incident, where the husband of the informant was abducted.

4] The learned counsel for the applicants submits that in terms of the aforesaid order, the applicants have surrendered vehicle i.e. Car bearing No. MH-12-NB-4283, so also, motor bike bearing No. MH-26-W-4984. He further submits that in terms of aforesaid order, the applicants have attended the concerned police station and have co-operated with the investigation.

5] Considering that there were certain dues and that considering the delay in registration of the FIR, this Court had observed that the case is exaggerated one and

there are no injuries sustained by the informant. Considering the same and considering that the applicants have co-operated with the investigation and that the investigation is nearby complete, the interim protection granted by order dated 27.02.2025 stands confirmed, in the following terms :

i] The applicants shall attend the concerned police station as and when required by the investigating officer.

ii] The applicants shall not tamper with the evidence of the prosecution in any manner. They shall not influence the informant, witnesses and other persons concerned with the case.

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

6] In the event, the applicants violate any of the conditions specified in this order, it shall be liable to be cancelled.

7] 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.

8] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE DDC