Vijay Sanjay Sonar And Others v. The State Of Maharashtra And Another
2025:BHC-AUG:22746 {1} ABA 1286 OF 2025 +
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 951 ANTICIPATORY BAIL APPLICATION NO. 1286 OF 2025 WITH CRIMINAL APPLICATION NO. 3279 OF 2025 IN ABA/1286/2025 1.
Vijay Sanjay Sonar 2.
Ashwini alias Ashu Shrawan Bavikar 3.
Bhavesh alias Bhavna Dilip Nikam 4.
Rajesh alias Rakhi Tulsiram Suryawanshi 5.
Akash alias Rupal Kuvar 6.
Nitin Laxman Sungar ....Applicants
Versus
.
The State of Maharashtra and another ....Respondents .....
Advocate for Applicants : Mr. Jitendra Vijay Patil APP for Respondents : Mr.N.D.Batule Advocate for Informant / assist to APP : Mr.N.I.Deshmukh .....
CORAM : ABHAY S. WAGHWASE, J.
RESERVED ON : 20 AUGUST, 2025 PRONOUNCED ON : 21 AUGUST, 2025 ORDER :
1.
Apprehending arrest in Crime no.0303 of 2025 registered at Bhusawal Bazarpeth Police Station, Bhusawal, District Jalgaon, for the offence punishable under Sections 3(5), 308(2), 308(3), 351(2), 351(3), 352 of the Bharatiya Nyaya Sanhita, applicants have urged for protection of anticipatory bail.
{2} ABA 1286 OF 2025 + 2.
Criminal Application No.3279 of 2025 is filed by the informant seeking permission to assist the learned Public Prosecutor. For the reasons mentioned in the application, the same is allowed and disposed of.
3.
According to learned counsel for the applicants, there is false implication. That, there was a complaint filed against one historysheeter. That, in above backdrop, it is alleged that for withdrawal of complaint against said person, present applicants, visited house of informant on 04-06-2025. That, there are mere allegations of abuse and threat and no overt act is reported. That, exaggerated version of extortion is made. In the light of such nature of allegations, it is submitted that custody fo applicants is not required, more particularly, as applicants are ready to co-operate with investigating machinery.
4.
Learned APP opposed application on the ground that applicants are named. That, there is threat as well as extortion. That, statements of eye witnesses are recorded and learned APP took this Court through the same and submits that for effective investigation, instant application be rejected.
{3} ABA 1286 OF 2025 + 5.
Heard. Perused the FIR dated 28-06-2025 at the instance of Ashfaq @ Aamrapali. It is reported that on 04-06-2025, at around 11:30 p.m. Viijay Sonar, Bhavesh alias Bhavna, Ashwini @ Ashu, Rajesh alias Rakhi, Akash alias Rupal and Nitin Sungar visited informant's house and questioned informant for lodging report agaisnt their brother Bantibhai and thereafter, it is alleged that they threatened that they would kill informant and also abused him and demanded Rs.500/- per day by way of extortion. On such report, crime has been registered.
6.
As submitted, there are mere allegations of abuses and issuing threats to kill. Allegation of extortion is attributed to all six accused persons without specifying which of them raised demand in spite of naming each of the applicants. In view of above nature of allegations, custodial interrogation does not seem to be necessary and further investigation can be carried out by securing the presence of the applicants. Accordingly, following order is passed :
ORDER
(i) Anticipatory Bail Application is allowed.
{4} ABA 1286 OF 2025 + (ii) In the event of arrest of applicants in connection with crime 0303 of 2025 registered at Bhusawal Bazarpeth Police Station, Bhusawal, District Jalgaon, for the offence punishable under Sections 3(5), 308(2), 308(3), 351(2), 351(3), 352, of the Bharatiya Nyaya Sanhita, 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 and Friday till filing of chargesheet and shall co-operate in the investigation. (iv) The applicants shall not tamper the prosecution evidence.
( ABHAY S. WAGHWASE ) JUDGE SPT