Ankush Subhash Borwade v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 ANTICIPATORY BAIL APPLICATION NO. 598 OF 2025 ANKUSH SUBHASH BORWADE

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Angad Lala Kanade APP for Respondent/State: Mr. N. B. Patil ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 22.04.2025 P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant has approached this Court apprehending arrest in connection with Crime No.0037/2025, registered with Pimpalner Police Station, District Beed, for the offences punishable under Sections 303(2), 49, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 130, 177, 39 and 192 of the Motor Vehicles Act.

3] The learned counsel for the applicant submits that there are no antecedents against the present applicant. He submits that the tractor along with trolley loaded with sand has already been attached by the police and the

revenue authority is entitled to take appropriate action. He submits that the applicant is ready to cooperate with the investigation.

4] The learned APP submits that the number place of the tractor trolley was missing and the ownership had to be ascertained from the RTO.

5] As there are no antecedents against the applicant and as the vehicle i.e. tractor and trolley and also the sand is in possession of the State so also that the appropriate proceedings under the Maharashtra Land Revenue Code can also be initiated for the purpose of payment of royalty and that the custodial interrogation would not be required, considering all these aspects, interim protection can be granted to the applicant. However the same is granted on the condition that the applicant should not found to be committing similar offence.

6] In the meanwhile, there shall be interim order in the following terms :- A] Till the next date, in the event the applicant is arrested in connection with Crime No.0037/2025, registered with Pimpalner Police Station, District Beed, for the offences punishable under Sections 303(2), 49, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 130, 177, 39 and 192 of the Motor Vehicles Act, he shall be released on bail on

furnishing PR bond of Rs.15,000/- with one or two sureties in the like amount.

B] The applicant shall attend the concerned police station on 28.04.2025, between 10:30 a.m. to 01:30 p.m.

C] The applicant shall co-operate with the investigation, including producing all documents in his possession, as may be demanded by the investigating officer.

D] The applicant shall not influence the informant, witnesses or any person concerned with the case and he shall not tamper with the evidence.

7] Needless to say, violation of any of the aforesaid conditions may result in this order being cancelled. 8] It is made clear that if the applicant is found again in the similar offence, the present application would stand dismissed.

9] List on 05.05.2025.

[ARUN R. PEDNEKER] JUDGE marathe