Surender Singh Punia v. The State Of Maharashtra
2025:BHC-AUG:12269
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
BENCH AT AURANGABAD 962 ANTICIPATORY BAIL APPLICATION NO. 506 OF 2025 Surender Singh Punia
VERSUS
The State Of Maharashtra ...
Advocate for Applicant : Mr. Sagar P. Mahale APP for Respondents-State: Ms. P. V. Diggikar ...
CORAM : ARUN R. PEDNEKER, J.
Dated : April 25, 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.0014/2025, dated 06/01/2025, registered at MIDC Police Station, Ahmednagar, for the offences punishable under sections 316(2), 318(4) of Bharatiya Nyaya Sanhita.
3.
This Court, by order dated 07/04/2025, granted interim protection to the applicant noting the submissions and reasons at paragraphs No.3 and 4 as under : - "3] The applicant is a transporter and he came to the Delhi Hariyana road Lines Transport Company, Viladghat, Ahilyanagar with his freight truck bearing No. HR62A8406 for loading the onion. He further submits that they had to transfer the onions from their transport to Rajdhani Trading Company Muhana Mandi Shop No.A-26, Jaipur. Once he was given for transportation. He submits that on 16.10.2024 the Border Check Post Police seized the vehicle for overloading. The truck was seized as it was found over loaded with 19319 qtl.onion. He submits that challan were issued to him which is at page no.32. The truck is in 1 of
962 ABA 506-2025 the possession of the authorities after being seized. He also submits that the applicant has attempted to settle the issue with the complainant. He submits that he transferred Rs. 70,000/- to the complainant and produce the receipt of the same through Google Pay to the complainant. Notwithstanding he submits that the FIR is registered after two and half months.
4] Considering the submissions of the applicant, issue notice to the respondents, returnable on 25/04/2025. The learned APP waives service of notice for respondent-State."
The learned Counsel for the applicant submits that, thereafter, the applicant has attended the police station and has cooperated with the investigation.
4.
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.0014/2025, dated 06/01/2025, registered at MIDC Police Station, Ahmednagar, for the offences punishable under sections 316(2), 318(4) of Bharatiya Nyaya Sanhita, 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. 2 of
962 ABA 506-2025 iv] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.
5.
In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled. 6.
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.
7.
The application stands disposed of.
( ARUN R. PEDNEKER, J. ) vj gawade/-.
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