Prabhudas S/O Ramdas Warale v. The State Of Maharashtra Through Pso Ps Ural Tq Balapur Dist Akola
2025:BHC-NAG:5987 1 921.ABA.341-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 341 OF 2025 ( Prabhudas s/o Ramdas Warale Vs.
State of Maharashtra, Thr. PSO. P.S. Ural, Tq. Balapur, Dist. Akola. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. V.R. Deshpande, Advocate for the Applicant. Ms. Sneha Dhote, APP for the Non-applicant/State. CORAM: URMILA JOSHI-PHALKE, J.
DATED : 25th JUNE, 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 Applicant approached to this Court for grant of pre arrest bail.
2.
Heard learned Counsel for the Applicant, who submitted that the Applicant is the brother of the co-accused Prashant Warale who is the Director 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 were not deposited in the warehouse this report is lodged. He further invited my attention towards written complaint filed by co-accused Prashant Ramdas Warale against the Supervisor
2 921.ABA.341-2025.odt 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 Applicant is concerned, who is 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 Applicant, he be protected by granting anticipatory bail.
3.
Learned APP strongly opposed the said application and invited my attention to the statement of Computer operator who stated that, on the say of the present Applicant he has taken the false entries and he was forced to transport the produce in a vehicle which is said by the present Applicant. In view of that, his custodial interrogation is required.
4.
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 Applicant has purchased the Soyabean and the same was stored in godown. It was to be deposited in the warehouse, which was not deposited. The co-accused 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 much prior to the lodging of this FIR. He has also made a complaint to the District Marketing Officer stating the role of the Computer Operator and Supervisor. Thus, he submitted that the other co-accused has already taken an action against
3 921.ABA.341-2025.odt the Computer Operator and Supervisor who has taken the false entries. As far as the cooperation is concerned, the Applicant is ready to cooperate with the investigating agency and has already attended the concerned police station and there is no complaint that he has misused the liberty. In view of that, the Application of the present Applicant deserves to be allowed. Accordingly, I proceed to pass the following order:
O R D E R
i.
The Application is allowed.
ii.
The ad interim protection granted to the present Applicant by order dated 13.05.2025, is hereby confirmed on the condition that, he shall attend the concerned Police Station once in a week i.e. on every Monday between 10.00 a.m. and 01.00 p.m. and shall cooperate with the investigating agency. iii.
The Applicant 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.
5.
Pending application/s, if any, shall stand disposed of accordingly.
(URMILA JOSHI-PHALKE, J.) SD. Bhimte