Ganeshrao Babarao Suryavanshi v. The State Of Maharashtra, Thr. Pso, Khandala, Tah. Pusad, Dist. Yavatmal

2025:BHC-NAG:7577

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.

OF 2025 Ganeshrao Babarao Suryawanshi 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.A. Zade, counsel h/f Mr. S.S. Sheikh, counsel for applicant. Mr. Anant Ghogre, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 31/07/2025.

1.

Apprehending the arrest at the hands of police in connection with Crime No.185/2025 registered with Police Station, Khandla, District Yavatmal for the offence punishable under Sections 26(2), 27(3), 30(2)(a), 59 of the Food Safety and Standards Act and under Sections 123, 223, 274, 275 of the Bharatiya Nyaya Snahita, 2023, the applicant approached this Court for grant of pre-arrest bail. 2.

Heard learned counsel for the applicant, who submitted that the contraband articles, like scented tobacco and scented Pan Masala, were seized from the co-accused. As far as the present applicant is concerned, his name is not mentioned in the FIR. Nothing is seized from him. His involvement appears to be there on the basis of the statement of the co-accused. His custodial interrogation is not required. In view of that, he prays for anticipatory bail.

3.

Learned APP strongly opposed the said application on the ground that a similar crime is registered against the present applicant. In view of that, he prays for rejection of the application.

4.

On hearing both sides and on perusal of the recitals of the FIR. Admittedly, the name of the present applicant is not mentioned in the FIR. Nothing is seized from him, his involvement appears to be there on the basis of the statement of the co-accused. In view of that, ad-interim protection deserves to be confirmed. Accordingly, I proceed to pass the following order:

ORDER

a] The criminal application is allowed.

b] The interim protection granted by order dated 14/07/2025 is hereby confirmed.

c] The applicant shall attend the concerned police station as and when required for investigation purpose and shall cooperate with the investigating agency till filing of the charge-sheet.

d] The applicant shall not indulge himself in similar type of the activities. On registration of single offence, the bail granted to the present applicant deserves to be cancelled.

e] The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.

Criminal application stands disposed of.

[URMILA JOSHI-PHALKE, J.]