Shirish Jayant Gosawi v. Walmikrao Sukhdevrao Damodar Alias Anna And Another

2025:BHC-AUG:23037 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 844 OF 2025 Walmikrao Sukhdevrao Damodar @ Anna ... Applicant

Versus

The State of Maharashtra ... Respondent WITH CRIMINAL APPLICATION NO. 2174 OF 2025 IN ANTICIPATORY BAIL APPLICATION NO. 844 OF 2025 .....

Ms. Karishma Sarin h/f Mr. V. D. Khivesara, Advocate for the Applicant in ABA No. 844 of 2025.

Mr. Umesh Mitkari h/f Mr. Mukul S. Kulkarni, Advocate for the Applicant in Criminal Application No. 2174 of 2025. Mr. S. S. Dande, APP for Respondent-State.

.....

CORAM :

ABHAY S. WAGHWASE, J.

DATE :

22.08.2025 ORDER :

1.

Criminal Application No. 2174 of 2025 is filed by the original informant seeking leave to assist APP in prosecuting the anticipatory bail application. For the reasons mentioned in the application, applicant-informant is allowed to assist the learned APP. Criminal Application No. 2174 of 2025 is accordingly disposed off.

-22.

Anticipatory Bail Application No. 844 of 2025 is filed apprehending arrest in crime no. 0113 of 2025 registered at Mohadi Nagar Police Station, District Dhule for offence under Sections 308(2) and 308(3) of BNS.

3.

According to learned counsel for the applicant in anticipatory bail application, applicant is a leader as well as social worker. That, some illegal activities were going on in a company named Indo Amines Ltd. and therefore, several complaints were filed. That, present applicant had filed complaint against the company on 09.02.2025. Therefore, according to her, present FIR is a backlash in above backdrop, leveling false allegations of extortion. Learned counsel further submitted that, there is delay of almost three months in lodging the FIR. Considering the nature of allegations, according to her, custodial interrogation is not necessary. That, there is said to be some voice recording, however, for the same, there is necessity of mere voice sample. That, applicant is ready to hand over the same and therefore, when there is no further recovery or discovery, and when investigation can be carried out by securing presence of the applicant, she urged for relief of anticipatory bail.

-34.

Learned APP opposed on the ground that, applicant has criminal antecedents. Several crimes are registered against present applicant. That, it is a modus operandi for extortion, as initially amounts in crores are demanded and then settlements are made for lesser amounts. According to learned APP, there is strong incriminating material in the form of CDR, CCTV footage and for effective investigation, learned APP prays to reject the application. 5.

Perused the FIR dated 23.04.2025 at the instance of one Shirish Gosawi who reported police that, he is lodging complaint on behalf of Indo Amines Limited company located in MIDC, Dhule. Naming present applicant, it is reported that he claims himself to be a leader of Republican Party of India and since two months, he has indulged in the activity of leveling false, defamatory and baseless allegations and complaints, including allegations of storage of explosives, and thereby attempted to malign the company's reputation, i.e. by filing complaints on 09.02.2025 and 24.02.2025. According to informant, when informant personally met him at Gulmohar Guest House as well as at his place, there were demands of Rupees Five Crores, Rupees Two Crores to stop filing complaints and finally accepted Rupees One Lakh, however, he continued to make complaints of various nature. According to informant, there were several conversations of above

-4meetings of which there is recording in the mobile. For above reasons, report has been lodged.

6.

According to learned counsel for the applicant, above report is due to annoyance for lodging complaints against the company. If complaints are lodged with concerned authorities, the same would be looked into, however, taking into consideration the complaint regarding extortion and some amount already being accepted for stopping to file complaints, and when there is said to be voice recording of the conversation of demand, investigation needs to be taken to its logical end. Resultantly, this Court is not inclined to extend the benefit as prayed for. Hence, following order :

ORDER

The Anticipatory Bail Application is rejected. [ABHAY S. WAGHWASE, J.] vre