Anil S/O Shriram Billewar v. State Of Maharashtra, Thr. Its Pso, Ps Ural, Tah. Balapur, Dist. Akola
2025:BHC-NAG:5258
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 224 OF 2025 Anil S/O Shriram Billewar Vs State Of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. N.R.Tekade, counsel for applicant.
Mrs. Sneha Dhote, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.
DATED : 08/05/2025.
1.
Apprehending the arrest at the hands of police in connection with Crime No. 294/2024 registered with Police Station Ural, Tah. Balapur, District Akola for the offence punishable under Section 305 of the Bhartiya Nyaya Sanhita, 2023, the applicant approached this Court for grant of pre-arrest bail.
2.
The allegation against the present applicant is on the basis of a report lodged by Arun Ambadas Paraskar, who alleged that the present applicant committed the theft by breaking the cash box, which was kept in the temple. On the basis of the said report, police have registered the crime against the present applicant. He submitted that the complainant has not established how much money was available in the box. This fact itself is sufficient to show that baseless allegations are levelled against the present applicant. Moreover, there is no reason for the complainant to know the exact amount. Thus, considering the
allegations levelled against the present applicant, the applicant be released on anticipatory bail.
3.
Learned APP strongly opposed the said application and submitted that the amount was stolen from the cash box, which was kept in the temple. The custodial interrogation of the present applicant is required. 4.
After hearing both sides and on perusal of the recitals of the FIR, it reveals that the allegation is that the amount of Rs. 5,000/- was stolen. The complainant is neither the caretaker of the said temple, nor there is any allegation that he was aware about the amount that was kept in the cash box. As far as the investigation part is concerned, the applicant has already attended the concerned police station and cooperated with the investigating agency, in view of that, the application deserves to be allowed. Accordingly, I proceed to pass the following order:
ORDER
a] The criminal application is allowed.
b] The interim protection granted to the present applicant by order dated 04/04/2025 is hereby confirmed on the condition that applicant shall attend the concerned police station once in a week on Wednesday between 10.00 a.m. to 01.00 p.m. till filing of
the charge-sheet and shall cooperate with the investigating agency.
c] The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.
Criminal application is disposed of accordingly.
[URMILA JOSHI-PHALKE, J.]