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Bombay High CourtABA/1568/2025disposed off

Sharad Shivkant Patil v. The State Of Maharashtra

2025-11-04Hon'Ble Shri Justice Mehroz K. Pathan3 pages

{1}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1568 OF 2025 Sharad Shivkant Patil ....Applicant

VERSUS

The State Of Maharashtra .....Respondent .....

Advocate for Applicant : Mr. Maniyar Irfan D APP for Respondents: Mr. K.N. Lokhande.

CORAM : MEHROZ K. PATHAN, J.

DATE : 4th NOVEMBER, 2025.

P.C. :- 1.

The applicant seeks anticipatory bail in connection with Crime No. 272 of 2025 registered with Satara Police Station, District Chatrapati Sambhajinagar for the offence punishable under Sections 1272, 140-2, 351-3, r/.w. 3-5 of the Bhartiya Nyaya Sanhita. 2.

The FIR is filed by the informant stating that on 9.7.2025, the informant received a phone call and the caller informed him that his name is Sharad Patil i.e. present applicant and that one Arif Latif Khan and other two friends are with him and that said Arif owe him an amount of Rs. 5.5 Lakhs. The caller demanded ransom of Rs. 5.5 Lakhs and thereafter the caller had threatened to kill them. The informant therefore went to Jagatraj Hotel and saw that his friend Arif Latif Khan was forcibly taken in a silver colour innova car. The informant told his friend about the incident.

The informant again received another call at 10.30 in which a new address was given to hand over the money.

{2} Report was immediately lodged by filing FIR. Having gone through the application and the contents of the FIR and the investigation papers made available by the learned APP, further investigation in the matter conducted by the I.O. would show that the complainant has given a statement to the I.O. that the FIR is a result of misunderstanding that has occurred between the applicant and the complainant, as they were earlier money transactions between them.

4.

Learned APP vehemently opposes the application on the ground that allegations are serious.

In the present matter, there are allegations of kidnapping for ransom against present applicant. She further submits that the offence being non-compoundable, the applicants may not be given any benefit of complainant giving no objection for grant of bail.

6.

Mr. Bhaskar Parmeshwar Gonare, Advocate appearing for the complainant has already filed and affidavit stating the FIR is a result of misunderstanding .

7.

This court, while issuing notice vide order dated 9.9.2025 has observed thus :- "4. It is submitted by the learned Advocate appearing for the victim and the informant that said report is lodged out of misunderstanding. Admittedly, the victims or persons, who were alleged to be abducted, are major. Admittedly, the victim returned home on the same day. Since the informant/victim stated that the said Crime was lodged due to misunderstanding, there appears to be no immediate apprehension of arrest of the applicant by the concerned Police Station.

"

8.

Thus, looking to the nature of the allegations and statement of the complainant as well as affidavit filed by him, I am inclined to grant anticipatory bail to the present applicant. Hence, the following

{3} order :-

O R D E R

[I] In the event of arrest of the present applicant in connection with Crime No. 272 of 2025 registered with Satara Police Station, District Chatrapati Sambhajinagar for the offence punishable under Sections 1272, 140-2, 351-3, r/.w. 3-5 of the Bhartiya Nyaya Sanhita, the applicant be released on bail on furnishing P.R. Bond in the sum of Rs. 50,000/- each, with one or more sureties in the like amount. [ii] The applicant shall attend the Investigating Officer as and when called and cooperate with the investigation. [iii] The applicant shall not tamper with the prosecution evidence; and shall not influence the witnesses. [iv] The applicant shall submit his Aadhar and Pan Card, alongwith his address and phone numbers and addresses of his two near relatives, to the Investigation Officer.

[v] The application is disposed of. Accordingly, Criminal Application No. 3466 of 2025 for permission to assist the Prosecution is disposed of.

[MEHROZ K. PATHAN] JUDGE.

grt/-