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Bombay High CourtABA/270/2025allowed

Prashant S/O Ramdas Warade And ANR. v. The State Of Maharashtra, Thr. Its Pso, Ps, Ural, Tah. Balapur, Dist. Akola

2025-06-12Hon'Ble Justice Urmila Joshi Phalke3 pages

2025:BHC-NAG:5488

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 270 OF 2025 Prashant s/o Ramdas Warade and another 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. A.S. Mardikar, Senior Counsel with Mr. V.R. Deshpande, counsel for applicants. Mrs. S.S.Dhote, APP for non-applicant/State.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 12/06/2025.

1.

Apprehending the arrest at the hands of police in connection with Crime No.96/2025 registered with Police Station Ural, District Akola for the offence punishable under Sections 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, the applicants approached this Court for grant of anticipatory bail.

2.

Learned Senior Counsel for the applicants submitted that the applicants are the Directors of Andhura Agro Farmer Producer Company Ltd. along with the other Directors. As per the scheme floated by the Maharashtra Rajya Sahakari Panan Mahasangh Maryadit, the applicant has to purchase the produce of the agriculturist and deposit the same to the warehouse for the further process. As the said produce was not deposited in the warehouse, this report is lodged. 3.

The learned Senior Counsel further invited my attention towards the written complaint filed by applicant No.1 against the Supervisor and the Computer Operator,

who are his employees, alleging that they have taken the false entries and misappropriated the produce, which is received from the various agriculturists. Thus, as far as the present applicants are concerned, who are the responsible person of the said firm has already taken action against the Supervisor and the Computer Operator who are his employees. Considering that no role is attributed to the present applicants, they be protected by granting anticipatory bail.

4.

Learned APP strongly opposed the said application and submitted that various documents are to be seized from the present applicants, and therefore, their custodial interrogation is required, as they have not cooperated with the investigating agency.

5.

On hearing both sides and on perusal of the recitals of the FIR, it reveals that as per the scheme floated by the Maharashtra Rajya Sahakari Panan Mahasangh, the firm of the present applicants has purchased the Soyabean, and the same was stored in the godown, it was to be deposited in the warehouse, which was not deposited. The applicant has filed the report against the Supervisor, namely Uday Uttamrao Ubale, and Computer Operator Akash Haridas Amzare, who had taken the false entries and thereby caused the loss to the firm. As far as the cooperation is concerned, the applicants has already attended the concerned police station and also issued a letter in the name of the investigating officer that he is not in possession of the said

documents. Thus, considering the fact that, the applicants have attended the concerned police station and cooperated with the investigating agency, the prayer for grant of anticipatory bail deserves to be allowed. Accordingly, I proceed to pass following order:

a] The criminal application is allowed.

b] The interim protection granted to the present applicants by order dated 22/04/2025, is hereby confirmed on the condition that he shall attend the concerned police station once in a week on every Monday between 10.00 AM to 1.00 PM and shall cooperate with the investigating agency.

c] The applicants shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.

Criminal application is disposed of.

[URMILA JOSHI-PHALKE, J.]