← Library
Bombay High CourtABA/682/2025application allowed

Rajdendra Pandharinath Naik And Another v. The State Of Maharashtra

2025-08-13Hon'Ble Shri Justice Advait Mahendra Sethna3 pages

2025:BHC-AUG:21973 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 928 ANTICIPATORY BAIL APPLICATION NO. 682 OF 2025 Rajdendra Pandharinath Naik And Another

VERSUS

The State Of Maharashtra .....

Mr Ajinkya Joshi, Advocate for Applicants Mr C. V. Bhadane, APP for respondent/State.

.....

CORAM : ADVAIT M. SETHNA, J.

DATE : 13 AUGUST 2025 P. C. :

1.

Heard Mr Joshi, learned Advocate for the Applicants and the learned APP Mr Bhadane for the Respondent/State. 2.

At the very outset, my attention is drawn to the order of this Court dated 05 May 2025. By the said order, the Applicants have been protected by imposing conditions in paragraph No.3 of the said order. The details of the FIR and the allegations thereunder have been stated in the said order of this Court. It appears that Applicant No.2 had purchased a plot by a registered sale deed and a specific clause therein stipulates that the possession of the property has been handed over to Applicant No.2. Thereafter, Applicant No.2 is stated to have been avoiding executing the said sale deed as he does not own the same. This is the backdrop in which FIR was registered.

(2) 3.

Pursuant to the orders of this Court, the matter has been listed on several occasions and has come up for hearing today. 4.

Mr Bhadane, learned APP, on instructions, would submit that the Applicants have duly joined the investigation pursuant to the order dated 05 May 2025. There is no material put forth by the prosecution which would go against the Applicants on the parameters of prima facie case. It appears that Applicants have fully co-operated with the investigation. Mr Bhadane would also submit that a chargesheet has been filed in these proceedings on 19 July 2025, which would result in culmination of the investigation. 5.

In light of the above, in my view, the order of this Court dated 05 May 2025 deserves to be confirmed by passing the following order :-

ORDER

(i) In the event of arrest of the Applicants in connection with C.R. No.160/2025 registered with Shevgaon Police Station, Dist. Ahilyanagar for the offences punishable under Section 318(4) of the Bhartiya Nyay Sanhita, 2023, the Applicants are directed to be released on bail on furnishing PR bond in the sum of Rs. 20,000 (Rupees Twenty Thousand Only) each with one solvent surety in the like amount.

(3) (ii) The Applicants shall attend the concerned Police Station as and when required, until further orders. They are further directed to co-operate in the investigation. (iii) The Applicants shall furnish details of residential address and other contact details such as the mobile number etc. to the concerned Police Station. If there is any change in the contact details, the same shall be immediately informed to the concerned Police Station. (iv) The Applicants shall not leave the jurisdiction of the Court without prior permission of the Court, until further orders.

(v) They shall not contact and/or influence the witness/es and/or tamper with the evidence in any manner whatsoever.

6.

The Anticipatory Bail Application is allowed in the above terms.

7.

Needless to mention that the observations made in this order are prima facie for adjudication of this Anticipatory Bail Application.

[ADVAIT M. SETHNA, J.] sjk