Bhaurao Saluba Veer And Another v. The State Of Maharashtra

2025:BHC-AUG:30998 1 956.ABA-1585-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1585 OF 2025

1. BHAURAO SALUBA VEER

2. SHAIKH MAHBOOB SHAIKH MANNU

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicants : Mr. Avinash R. Borulkar Mr. Bora Rupeshkumar C.

APP for Respondent/State : Mr. P.D. Patil ...

CORAM : MEHROZ K. PATHAN, J.

Dated : 11th November 2025 PER COURT :

1.

The Applicants have approached this Court, seeking anticipatory bail in connection with Crime No.370/2025 registered with Karmad Police Station, Taluka and District Aurangabad for the offences punishable under Sections 109, 3(5) of Bharatiya Nyaya Sanhita, 2023.

2.

The case of the prosecution is that the Applicants have forcibly administered poison to the father of the complainant Narayan Takpire, on account of the dispute regarding the agricultural field. It is stated by the complainant Madhukar Takpire that the father of the complainant had already purchased the said property on a stamp paper of Rs.100 from original owner - Shaikh Babumiya. It is further alleged that, in view of several disputes ongoing between

2 956.ABA-1585-2025.doc the Applicants and the family of the complainant, the Applicants have repeatedly threatened the complainant and his father and, in order to take revenge for such disputes, have forcibly administered poison. 3.

The learned Counsel for the Applicants submits that the Applicants are falsely implicated in the present case. The complainant and his father have cooked up a false story only to implicate the present Applicants and to prevent them from pursuing their legitimate claim in the civil court against the complainant and his father, who are in illegal possession of the said land on the basis of a forged stamp paper of Rs.100, bearing the alleged signature of the original owner, Shaikh Babumiya. He further submits that a civil suit is already pending between the parties and that both the Applicants have filed counter claim in the RCS No.1015/2024 pending before the Civil Judge Senior Division, Aurangabad.

He therefore, submits that the Applicants have been falsely implicated in the present crime at the behest of the father of the complainant only to keep the Applicants away from the agricultural field. The Applicants are ready to cooperate with the investigation and would make themselves available as and when called by the Investigating Officer. Therefore custodial interrogation of the Applicants may not be necessary.

4.

As against this, the learned APP for the State submits that the offence is serious in nature and that charges of attempt to commit murder are being prosecuted against the Applicants. The

3 956.ABA-1585-2025.doc victim i.e. father of the complainant Narayan Takpire, has recorded his statement implicating the present Applicants, alleging that they had administered poison to him. The complainant's father was required to undergo treatment in the hospital for considerable period of time and therefore an FIR was lodged belatedly on 21.08.2025, though the incident is dated 14.08.2025. He, therefore submits that custodial interrogation of the Applicants is necessary and this is not a fit case to grant of the anticipatory bail.

5.

I have gone through the investigation papers produced by the learned APP. After going through the statements recorded during the course of investigation and also the copy of the civil suit bearing RCS No.1015/2024 and the counter claim filed by the Applicants, it could be prima facie inferred that there are several disputes between the Applicants and the complainant's side pertaining to agricultural land bearing Survey No.87, situated at village Feran Jalgaon, District Aurangabad. The false implication of the Applicants cannot be ruled out, particularly in view of the considerable delay of seven days in lodging the FIR. However, the observations are prima facie in nature only for deciding the present application. I am therefore inclined to exercise the discretion to grant anticipatory bail to the Applicants. Hence the following order :

ORDER

(i) In the event of arrest of the Applicants - Bhaurao Saluba Veer and Shaikh Mahboob Shaikh Mannu, in connection with Crime

4 956.ABA-1585-2025.doc No.370/2025 registered with Karmad Police Station, Taluka and District Aurangabad, they be released on bail on furnishing P.R. bond of Rs. 50,000/- (Rupees Fifty Thousands) each, with two sureties in the like amount, on the following conditions : (a) The Applicants are directed to attend the concerned police station and report to the Investigating Officer between 11:00 a.m. to 01:00 p.m. on every Monday and Wednesday, and as and when called, until the filing of the charge-sheet. (b) The Applicants shall not tamper with the prosecution evidence and shall not influence the witnesses.

(c) The Applicants shall submit their Aadhaar Cards and PAN Cards to the Investigating Officer, along with detailed addresses and phone numbers of themselves and two close relatives. (d) The Applicants shall attend the trial regularly except in emergency, they can seek exemption from the trial Court. (ii) The application is allowed in the above terms and stands disposed of.

[ MEHROZ K. PATHAN ] JUDGE NAJEEB..