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Bombay High CourtABA/429/2025allowed

Yogesh Manohar Sarode And ANR. v. The State Of Maharashtra, Thr. Pso, Ps, Akot Fail, Tah. And Dist. Akola

2025-07-09Hon'Ble Justice Urmila Joshi Phalke3 pages

2025:BHC-NAG:6808

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.429 OF 2025 (Yogesh Manohar Sarode and anr. 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. Thotange, Advocate for the applicants. Mrs. M.A. Barabde, APP for the State.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- JULY 9, 2025.

Apprehending the arrest at the hands of police in connection with Crime No.232/2024 registered with police station Akot File, District Akola for the offences punishable under Section 135 of the Electricity Act, 2003, the applicants approached this Court for grant of pre-arrest bail.

2.

Learned Counsel for the applicants submitted that Detection Squad of the MSEB visited the house of the present applicants and it was found that present applicants have obtained the electricity connection illegally. They have immediately conducted the raid and the electric meter was seized, assessment sheet, electric bill and all documents are also seized. He submitted that considering all the documents are already seized, his custodial interrogation is not required. In view of that, he be released on anticipatory bail.

3.

Learned APP strongly opposed for the same and submitted that considering the applicant has committed electricity theft, the application deserves to be rejected.

4.

On hearing both the sides and on perusal of the recitals of the FIR, it reveals that the entire documents are already seized by the Special Squad. The custodial interrogation of the present applicant is not required. In view of that, present applicants can be released on anticipatory bail. Accordingly, I proceed to pass the following order.

(i) The application is allowed.

(ii) In the event of the arrest, the applicants - 1) Yogesh Manohar Sarode and

2) Santosh Manohar Sarode in connection with Crime No.232/2024 registered with police station Akot File, District Akola for the offences punishable under Section 135 of the Electricity Act, 2003, be released on anticipatory bail, on executing P.R. Bond in the sum of Rs.25,000/- each with one solvent surety each in the like amount.

(iii) 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.

(iv) The applicants shall attend the proceedings before the trial Court without seeking any exemption unless there are exceptional circumstances.

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