Narhari Sopanrao Wagh v. The State Of Maharashtra And Another

46-ABA-668-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.668 OF 2023 NARHARI SOPANRAO WAGH

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. S. R. Bagal h/f Mr. B. N. Gadegaonkar APP for Respondents: Mr. G. O. Watamwar ...

CORAM:R.M. JOSHI, J DATE :SEPTEMBER 04, 2023 PER COURT :

1.

Applicant apprehends arrest in connection with with C.R. No. 144 of 2023 registered with Pathri Police Station for the offences punishable under Sections 272, 273, 328 of the Indian Penal Code.

2.

FIR shows that contraband articles worth Rs.

81 lacs is seized in two vehicles. It is alleged that the present Applicant was the driver of Mahindra Pickup bearing no. MH-44-U-0164.

3.

Learned Counsel for the Applicant states that there is no evidence on record to show that he was driver of the said truck and for want of any evidence to show his involvement in the crime, he deserves

46-ABA-668-2023.odt anticipatory bail.

4.

Learned APP submits that contraband articles are worth Rs. 81 lacs. Having regard to the volume of contraband, it is not fit case for grant of anticipatory bail.

5.

Perusal of the investigation papers would not show any evidence to connect present Applicant with this crime. There is nothing on record to indicate that the Applicant was driving the said truck at the relevant time. In absence of any evidence to connect him with the crime, the application is allowed by confirming the order dated 28TH April, 2023.

(R.M. JOSHI, J.) Malani