Nagesh Shripad Dongre v. The State Of Maharashtra

2025:BHC-AUG:20755

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 935 BAIL APPLICATION NO. 942 OF 2025 Nagesh Shripad Dongre

VERSUS

The State Of Maharashtra ...

Advocate for Applicant : Mr. Ghanekar Nilesh S. APP for Respondents-State: Mr. G. O. Wattamwar ...

CORAM : ARUN R. PEDNEKER, J.

Dated : August 05, 2025.

PER COURT :- 1.

Heard the learned Counsel for the applicant and the learned APP for the respondent-State.

2.

The applicant is seeking bail in connection with FIR No. 427/2024 dated 21/12/2024, registered with Jawaharnagar Police Station, Aurangabad, for the offences punishable under Sections 316(2), 316(5), 318(4), 336(2), 336(3), 338, 340(2), 61(2) read with Section 2(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

This Court, by order dated 11.06.2025, granted interim bail to the applicant. Paragraph 8(a) of the said order reads as under : - "a] The applicant shall be released on interim bail in connection with Crime No. 427/2024 dated 21.12.2024 registered with Jawaharnagar Police Station, Aurangabad for the offences punishable under sections 316(2), 316(5), 318(4), 336(2), 336(3), 338, 340(2), 61(2) r/w. 2(5) of B.N.S., 2023, on furnishing PR bond of Rs.1,00,000/- with one or two sureties in the like amount to the satisfaction of the trial Court, subject to condition that the applicant deposits amount of Rs.40,00,000/- in the account number given by the APP i.e. EOW Commissioner of Police Office, SBI Samarthnagar Branch, SBI A/c. 43701808671, CIF No. 91981770408, IFSC No. SBIN0007919 within two days from today and remaining amount of Rs.40,00,000/- before the next date. The applicant shall be released on bail only after the deposit of aforesaid amount of Rs.40,00,000/- and the proof of the same being produced before the Trial 1 of

935 BA 942-2025 Court."

4.

The learned Counsel for the applicant submits that the account details were provided by the learned APP and, in compliance with the Court's directions, the applicant has deposited the entire amount of Rs.80,00,000/-. The learned APP has filed an affidavit affirming that the amount is deposited. However, the learned APP has drawn attention to paragraphs 4 to 7 of the affidavit dated 25/07/2025 and submitted that the applicant failed to offer a satisfactory explanation regarding the receipt of Rs.80,00,000/- from Accused No.1.

5.

Now, the applicant has deposited the amount and has offered some explanation regarding the receipt of the said amount. The prosecution is at liberty to further investigate the circumstances surrounding the receipt of the funds and to proceed as may be warranted by law. 6.

Considering the deposit of the amount and the submissions made, the interim bail granted to the applicant vide order dated 11/06/2025 is confirmed.

7.

In view of the above, the application is allowed on the following terms: - a] The applicant shall be released on bail in connection with FIR No. 427/2024 dated 21/12/2024 registered with Jawaharnagar Police Station, Aurangabad, for the offences punishable under Sections 2 of

935 BA 942-2025 316(2), 316(5), 318(4), 336(2), 336(3), 338, 340(2), 61(2) r/w 2(5) of the B.N.S., 2023, on furnishing PR bond of Rs.1,00,000/- with one or two sureties in the like amount, to the satisfaction of the Trial Court. b] Upon being released on bail, the applicant shall not, in any manner, contact the informant during the pendency of the trial. c] The applicant shall co-operate with the Trial Court and shall attend each and every hearing, unless specifically exempted by the Court.

d] The applicant shall not tamper with the prosecution evidence and shall not influence the informant, witnesses, or any other person concerned with the case.

e] Upon release, the applicant shall furnish his contact number and residential address to the Trial Court and shall update the same in case of any change.

8.

Needless to mention, in the event of violation of any of the above conditions, the bail granted to the applicant shall be liable to be cancelled. It is also clarified that the observations made in this order are limited to the adjudication of the present bail application. The concerned Trial Court shall proceed with the matter uninfluenced by any of the observations made herein.

9.

The application stands disposed of.

( ARUN R. PEDNEKER, J. ) vj gawade/-.

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