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Bombay High CourtABA/1678/2025application allowed

Rajendra Mahadu Mane v. The State Of Maharashtra And Another

2025-09-24Hon'Ble Shri Justice Mehroz K. Pathan3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

914 ANTICIPATORY BAIL APPLICATION NO.1678 OF 2025 Rajendra Mahadu Mane ..Applicant

VERSUS

The State of Maharashtra and Another ..Respondents .....

Shri. Sudarshan J. Salunke, Advocate for the Applicant Shri. B. B. Bhise, APP for the Respondents - State. .....

CORAM : NEERAJ P. DHOTE, J.

Dated :

SEPTEMBER 24, 2025 PER COURT :- .

Since the Applicant is apprehending arrest in connection with Crime No.0167/2025 registered with Ausa Police Station, Dist. Latur for the offence punishable under Sections 318(4), 115(2), 352, 351(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS'), this Application is filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') for Anticipatory Bail. 2.

Heard the learned Advocate for the Applicant and the learned APP for the State. Perused the papers on record. 3.

The case of the Prosecution, in brief, is that, the Informant sold his agricultural land on 09.09.2011 and he received Rs.1,25,00,000/- (Rs.One Crore Twenty Five Lakh) as consideration amount. The Applicant took the said amount from him and did not return. Earlier

the Informant had lodged the Report against the Applicant for the same transaction and Crime bearing No.160/2016 came to be registered, which was withdrawn as the Applicant promised to repay the money. However, the amount was not returned by the Applicant. Thereafter, on 29.02.2024, when the Informant requested the Applicant to return the amount, in the office of the Grampanchayat at village Yeli, in the presence of the respected persons from the village, at that time the Applicant had given written promise to return the amount. However, the amount was not returned. On 25.04.2025 when the Informant demanded the amount, the Applicant abused, threatened and pushed him and therefore, the above crime (Crime No.0167/2025) is registered against the Applicant.

4.

The papers show that, for the same transaction, the Informant had earlier lodged the Report. The same case came to be closed. Thereafter, he preferred the private Complaint before the concerned Magistrate which came to be dismissed for want of Prosecution. 5.

In view of the above, the case for Interim Protection is made out. Hence, the following order :

ORDER

i) In the event of arrest of the Applicant, namely, Rajendra Mahadu Mane in connection with Crime No.0167/2025 registered with Ausa Police Station, Dist. Latur, for the offence punishable under Sections 318(4), 115(2), 352, 351(2), 351(3) of the BNS, he be released on bail

on executing P.B. of Rs.30,000/- (Rupees Thirty Thousand) with one or two surety / sureties in the like amount.

ii) The Applicant shall cooperate with the investigating machinery. iii) Issue notice to the Respondents, returnable on 08.10.2025. The learned A.P.P. waives notice for the Respondent Nos.1 and 2 - State. ( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 24/09/2025 17:57:10