Ganesh S/O Yashwant Junghare v. The State Of Maharashtra, Thr. Pso, Ps, Bhiwapur, Dist. Nagpur (Gramin)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (ABA) NO.403 OF 2025 (Ganesh s/o Yashwant Junghare Vs. The 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. K.A. Kothari, Advocate for the applicant. Mr. N.R. Rode, APP for the State.
CORAM:- URMILA JOSHI-PHALKE, J.
DATED :- JULY 11, 2025.
The applicant is apprehending arrest at the hands of police in connection with Crime No.252/2025 registered with Police Station Bhiwapur, District Nagpur for the offence punishable under Sections 134, 177 and 184 of the Motor Vehicles Act, 1988 and Sections 106(1), 125, 125(b) and 281 of the Bharatiya Nyaya Sanhita, 2023.
2.
Learned Counsel for the applicant submitted that the applicant has no concern with the alleged accident, as he had already sold the vehicle to one Vrushabh Vilas Talankar. He is only arrested as the vehicle is registered at his name. As far as his custodial interrogation is concerned which is not required. In view of that, he be released on anticipatory bail. 3.
Learned APP strongly opposed the application and submitted that the offence is of a serious nature and
three persons died in the said accident and the driver of the Tipper ran away from the spot.
4.
I have heard learned Counsel for both the sides. On perusal of the investigation papers it reveals that the present applicant was the original owner of the said Tipper. The same has been sold out to one Vrushabh Talankar and the accident occurred when the vehicle was in the possession of said Vrushabh Talankar. As far as custodial interrogation of the applicant is concerned which is not required. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass the following order:
(i) The application is allowed.
(ii) In the event of the arrest, the applicant - Ganesh s/o Yashwant Junghare in connection with Crime No.252/2025 registered with Police Station Bhiwapur, District Nagpur for the offence punishable under Sections 134, 177 and 184 of the Motor Vehicles Act, 1988 and Sections 106(1), 125, 125(b) and 281 of the Bharatiya Nyaya Sanhita, 2023, be released on anticipatory bail on furnishing P.R. Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety in the like amount.
(iii) The applicant shall attend the concerned police station as and when required for the investigation purpose and shall co-operate with the investigating agency. (iv) 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.
The contravention of any of the condition would lead to the cancellation of bail.
6.
The application stands disposed of.
(URMILA JOSHI-PHALKE, J.) *Divya