Shankar Raju Gomladu And Others v. The State Of Maharashtra
2025:BHC-AUG:28143
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
909 ANTICIPATORY BAIL APPLICATION NO.1390 OF 2025 1.
Shankar Raju Gomladu 2.
Gopal Raju Gomladu 3.
Gorakh Bandusingh Rajput ....Applicants
Versus
The State of Maharashtra .....Respondent .....
Shri. Abhaysinh K. Bhosle, Advocate for the Applicants Shri. B. B. Bhise, APP for the Respondent - State. Shri. Balraj P. Pande, Advocate for the Informant / Assist to P. P. .....
CORAM : NEERAJ P. DHOTE, J.
Dated :
OCTOBER 08, 2025 PER COURT :- .
Heard the learned Advocate for the Applicants, the learned APP for the State and the learned Advocate for the Informant. Perused the papers on record.
2.
Crime No.0257/2025 is registered with City Chowk Police Station, Dist. Chhatrapati Sambhajinagar on 14.07.2025 for the offences punishable under Sections 316(2), 318(4), 336(3), 338, 340(2) r/w. 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS') against the Applicants. As the Applicants are apprehending the arrest in the aforesaid Crime, they have filed this Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') for Anticipatory Bail.
3.
The said Crime is registered on the Report lodged by the Informant - Suganchand Gendulal Sancheti. He is the owner of the land situated at Karodi, Dist. Chhatrapati Sambhajinagar. The Applicant No.1's Father was working with the Informant in the year 2021. The Informant sold his land to the extent of 430.29 Sq. Meters to the Applicant No.1 for consideration of Rs.25,00,000/- (Rs.Twenty Five Lakh). However, due to COVID pandemic, the sale-deed could not be executed, which was subsequently executed on 06.05.2023. Thereafter, the Informant received the summons from the Civil Court in the Civil Suit filed by the Applicants. The said Civil Suit was based on one agreement to sell between the Informant and the Applicants. According to the Informant, he never executed the said agreement to sell which was in respect of 1 (one) Acre land and it was forged document. Therefore, he lodged the FIR and the aforesaid Crime came to be registered.
4.
It is clear from the FIR that, the case is based on the document i.e. agreement to sell. The said agreement to sell is the basis of the Special Civil Suit No.179/2025 filed by the Applicants before the Civil Court. The copy of the order dated 08.08.2025 tendered across the bar by the learned Advocate for the Applicants shows that after hearing the Applicants and the Informant, the learned Civil Court granted injunction in favour of the Applicants. Undisputedly, there was transaction
between the parties in respect of the land of the Informant. The Handwriting Expert's Report that the signature of the Informant on the said agreement to sell was not of the Informant. The investigation appears to be almost complete. In this view of the matter, the custodial interrogation of the Applicants does not appear to be necessary and hence the following order.
O R D E R
i) The Application is allowed.
ii) In the event of arrest of the Applicants, namely, Shankar Raju Gomladu, Gopal Raju Gomladu and Gorakh Bandusingh Rajput, in connection with Crime No.0257/2025 registered with City Chowk Police Station, Dist. Chhatrapati Sambhajinagar, they be released on bail on executing P.B. of Rs.15,000/- (Rupees Fifteen Thousand) each, with one or two surety/sureties in the like amount.
iii) The Applicants shall attend the concerned Police Station on 13.10.2025, 14.10.2025 and 15.10.2025 between 10:00 a.m. to 02:00 p.m. and and thereafter as and when called. iv) The Applicants shall not tamper the evidence of the Prosecution in any manner.
v) The Applicants shall co-operate with the investigating machinery. vi) Bail before the Trial Court.
vii) The Application stands disposed off.
( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 08/10/2025 19:05:31