Nilesh Ratanlal Jaiswal v. State Of Maharashtra Thr Pso, Ps Kholapuri Gate

(1) 925apl1012.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.1012/2025 Nilesh Ratanlal Jaiswal .Vs. State of Maharashtra and anr. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. P. S. Chawhan, Advocate for applicant.

Ms R. Sharma, A.P.P. for non applicant No.1-State. CORAM :

ANIL L. PANSARE AND M. M. NERLIKAR, JJ.

DATE :

JULY 22, 2025 Heard.

2.

First Information Report has been registered under Section 309 of the Bhartiya Nyaya Sanhita, 2023, against two unknown persons. They have allegedly snatched gold chain and finger ring of the informant and in doing so, have assaulted him by hockey stick. 3.

FIR was lodged on 26.04.2025. The investigation is in progress. The applicant apprehended arrest and accordingly applied for anticipatory bail, which the Court below was pleased to grant vide order dated 16.06.2025.

4.

Argument is that no role has been assigned to the applicant and that he is being falsely implicated in the case. 5.

In our view, it is too early to jump to the conclusion that the applicant is being falsely implicated. The investigation is at early stage.

6.

In the circumstance, it will be appropriate for the applicant to cooperate in the investigation so that the investigation will reach a logical end. Needless to say that if it is found that the applicant has played no role, the investigating agency will not file charge-sheet

(2) 925apl1012.25 against him. At the same time, if there is sufficient evidence against the applicant, the investigating agency is bound to file charge-sheet. 7.

Considering the stage at which the investigation is in and since the applicant has been already granted benefit under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, we are of the view that the request made by the applicant to quash the FIR is premature.

8.

The application is accordingly rejected.

(M. M. Nerlikar, J.) (Anil L. Pansare, J.) Kahale