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Bombay High CourtBA/1196/2025application allowed

Balaprasad Gokulchand Baheti v. The State Of Maharashtra

2025-07-28Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:19855

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO. 1196 OF 2025 BALAPRASAD GOKULCHAND BAHETI

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Sachin S. Panale APP for Respondent : Mr. D. J. Patil ...

CORAM : ARUN R. PEDNEKAR, J.

DATE : 28-07-2025 PER COURT:- 1.

Heard the learned counsel for the applicant and the learned APP for the respondent.

2.

The applicant is seeking bail as he is arrested on 24.06.2025 in connection with Crime No.339/2025, registered with Gevrai Police Station, District Beed, for the offences punishable under Sections 179, 180, 3(5) of the Bhartiya Nyaya Sanhita, 2023. 3.

The learned counsel for the applicant submits that this Court, by order dated 25.07.2025 in Bail Application No.1112 of 2025, in identical fact situation, has granted bail in favour of the accused. The case against the present applicant is that the applicant was given fake currency note in a sale transaction of damaged car. He submits that he has not used the fake currency note. The applicant is in custody from 26.06.2025.

4.

The offence falls under Section 180 of the Bhartiya Nyaya Sanhita which prescribes a maximum punishment up to seven years' imprisonment. However, it is noteworthy that there is no prima facie evidence to suggest that the applicant attempted to use or circulate the fake currency notes.

5.

Considering the circumstances including the applicant's clean record and continued custody and absence of direct evidence indicating intent to use counterfeit currency, the applicant is granted bail.

6.

In view of the above, the application is allowed in following terms :

(a) The applicant shall be released on bail in connection with Crime No.339/2025, registered with Gevrai Police Station, District Beed, for the offences punishable under Sections 179, 180, 3(5) of the Bhartiya Nyaya Sanhita, 2023, on furnishing PR bond of Rs.25,000/-, with one or two sureties in the like amount to the satisfaction of the trial Court. (b) The applicant, upon being released on bail, shall not contact the informant, in any manner whatsoever, during the pendency of the trial.

(c) The applicant shall co-operate with the trial Court and he shall attend each and every date, unless exempted by the trial Court.

(d) The applicant shall not tamper with the evidence of the prosecution and they shall not influence the informant, witnesses and other persons concerned with the case. (f) The applicant, upon being released on bail, shall place on record of the trial Court the details of their Contact Number and residential address with updates in case of any change. (g) The applicant shall attend the concerned police station as and when called by the Investigating Officer, till filing of the chargesheet.

7.

Needless to say, in case of violation of any of the aforesaid 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 disposal of the present bail application. The concerned Court shall proceed further in the matter without being influenced by the observations made hereinabove. 8.

The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE rrd