Dhondiram Tukaram More And Others v. The State Of Maharashtra

2025:BHC-AUG:22636 {1} 943-ABA-1136-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1136 OF 2025

1. Dhondiram S/o Tukaram More

2. Ganesh S/o. Dhondiram More

3. Ramesh S/o Dhondiram More

4. Jagannath Mahadu More

5. Sakharam S/o Bapurao More .... Applicants

Versus

The State of Maharashtra Through Investigation Officer, Manwat Police Station, Tq. Manwat, Dist. Parbhani.

..... Respondent ......

Mr. G.J. Pahilwan, Advocate for Applicants Mr. S.M. Ganachari, APP for Respondent - State ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 20 AUGUST, 2025 ORDER :

1.

Apprehending arrest in connection with Crime No. 0222 of 2025 registered at Manwat Police Station, District Parbhani, for offences punishable under Sections 126(2), 132, 189, 324(3), 324(5), and 351(3) of the Bharatiya Nyaya Sanhita (BNS), the applicants have approached this Court seeking grant of anticipatory bail.

{2} 943-ABA-1136-25 2.

Learned counsel for the applicants submits that the applicants are apprehending arrest solely on the ground of the alleged obstruction caused to road construction activity. He submits that, considering the nature of the allegations, custodial interrogation of the applicants is not necessary. That, the applicants are ready to cooperate with the investigation and shall attend the police station as and when required by the Investigating Officer. Learned counsel further submits that he will instruct his clients not to indulge in such activities in the future. 3.

Learned APP strongly opposed the application on the ground that the FIR has been lodged by the Deputy Engineer, wherein it is reported that while the construction work of National Highway No. 61 was in progress, the present applicants allegedly obstructed the said activity. It is alleged that the applicants dug up a portion of the constructed road, thereby caused loss to the Government. Furthermore, they allegedly blocked the entire construction activity and even threatened the officers, stating that they would commit suicide. For all the above reasons, the learned APP seeks rejection of the application. 3.

Heard. Perused the FIR dated 12.06.2025. Considering the nature of allegations and when further investigation can be carried out by securing the presence of the applicants, application deserves to be allowed.

{3} 943-ABA-1136-25

ORDER

(i) Application is allowed.

(ii) In the event of arrest of applicants in connection withCrime No. 0222 of 2025 registered at Manwat Police Station, District Parbhani, for offences punishable under Sections 126(2), 132, 189, 324(3), 324(5), and 351(3) of the Bharatiya Nyaya Sanhita (BNS), they shall be released on executing P.B. and S.B. of Rs.15,000/- each with one surety each in the like amount.

(iii) The applicants shall attend the concerned Police Station on every Monday, Thursday and Saturday, till filing of the charge-sheet and shall co-operate in the investigation. (v) The applicants shall not tamper the prosecution evidence. ABHAY S. WAGHWASE, JUDGE S P Rane