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Bombay High CourtABA/402/2025allowed

Bhaskar Kisanji Dange v. The State Of Maharashtra, Thr. Pso, Ps, Desaiganj, Dist. Gadchiroli

2025-06-19Hon'Ble Justice Urmila Joshi Phalke4 pages

2025:BHC-NAG:5801

(1) 916.aba.402.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.402 OF 2025 Bhaskar Kisanji Dange Vs.

State of Maharashtra, through Police Station Officer, Police Station Desaiganj, District Gadchiroli -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. A. A. Dhawas, Counsel for the applicant.

Mr. N. R. Rode, APP for non-applicant/State.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 19/06/2025 1.

Apprehending the arrest at the hands of police in connection with Crime No.213/2025 registered with Police Station Desaiganj, District Gadchiroli for the offence punishable under Section 420 of the Indian Penal Code and under Section 10 of the Essential Commodities of Act and under Section 3(1) of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, the applicant approached this Court for grant of pre-arrest bail.

2.

The crime is registered on the basis of the report lodged by the District Supply Officer on an allegation that on 28.11.2021, the Central Government had issued the scheme thereby on the minimum base price the paddy rice is purchased by

(2) 916.aba.402.2025 the rice mill owners and get it polished and after execution of the tripartite agreement supply it to the Government godowns. The complainant further alleged that the present applicant has purchased 25927.62 Quintal in the year 2021-22 and in return had supplied 16,754.25 Quintal paddies. It further alleged that the total amount of Rs.7,85,700/- was beyond the ratio limit and the present applicant has also not maintained the quality and sold the substandard paddy rice to the customers. On the basis of the said report, police have registered the crime.

3.

Heard learned Counsel for the applicant, who submitted that the substandard stock is already seized by the investigating agency. As far as the custodial interrogation is concerned, which is not required. The interrogation part can be taken care by imposing certain conditions on the applicant. 4.

Learned APP strongly opposed the said application on the ground that the huge stock of substandard material was seized from the present applicant and therefore, his custodial interrogation is required.

5.

On hearing both sides and on perusal of the investigation papers, it reveals that the entire substandard material is already seized. As far as the allegation regarding the disbursement of the paddy

(3) 916.aba.402.2025 rice to the customers, in view of the scheme floated by the Government is concerned, the interrogation can be carried out by imposing certain conditions on the present applicant. In view of that, the payer for grant of anticipatory bail deserves to be allowed. Accordingly, I proceed to pass following order:

ORDER

(i) The application is allowed.

(ii) The applicant Bhaskar Kisanji Dange shall be released on anticipatory bail in the event of his arrest, in connection with Crime No.213/2025 registered with Police Station Desaiganj, District Gadchiroli for the offence punishable under Section 420 of the Indian Penal Code and under Section 10 of the Essential Commodities of Act and under Section 3(1) of the Prevention of Blackmarketing and Maintenance of Supplies of Essential Commodities Act, 1980, on executing PR Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

(iii) The applicant shall attend the concerned Police Station once in a week on Monday between 10.00 a.m. to 1.00 p.m. and shall cooperate with the investigating agency. (iv) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.

(v) The applicant shall furnish his detailed address along with the address proof and cell phone number before the Investigating Officer.

(4) 916.aba.402.2025 The application is disposed of.

(URMILA JOSHI-PHALKE, J.) Sarkate