Uddhav Sarjerao Kunwar v. The State Of Maharashtra

1 5.ABA-2073-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 2073 OF 2025 UDDHAV SARJERAO KUNWAR

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Sawant Amol Shivajirao APP for Respondent/State : Mr. S.P. Joshi ...

CORAM : MEHROZ K. PATHAN, J.

DATE : 1st DECEMBER 2025 PER COURT :

1.

Heard.

2.

Issue notice to the Respondents, returnable on 15.12.2025. Learned APP waives service of notice for Respondents/State. 3.

It is the contention of the learned Counsel for the Applicant that the case under Section 138 of the N.I. Act filed by the Applicant is prior in point of time and is pending adjudication before the learned C.J.M., Dhule, registered as S.C.C. No.2433/2022 on 27.09.2022. It is his submission that the Applicant had lost his cheque and therefore lodged a complaint at the police station in the year 2022. Thereafter, the complainant, Pruthviraj Hire, issued a notice under Section 138 of the N.I. Act to the Applicant. The Applicant thereafter filed another complaint at the police station on

2 5.ABA-2073-2025.doc 11.03.2023. The FIR does not show that the Applicant assaulted the complainant; it merely records the date of hearing scheduled on 29.10.2025, during which the Applicant is alleged to have threatened the complainant. Considering the nature of the allegations against the Applicant, it is stated that even the assailants who allegedly assaulted the complainant later that evening at about 10:30 p.m. on 29.10.2025 did not state that they were acting at the instance of the Applicant. In view of this, I am inclined to grant protection to the Applicant until the investigation papers are received. Hence the following order :

ORDER

(a) In the event of arrest of the Applicant - Uddhav Sarjerao Kunwar in connection with Crime No.267/2025 registered with Parola Police Station, Jalgaon, he be released on bail on furnishing P.R. bond of Rs.50,000/- (Rupees Fifty Thousands) with two solvent sureties in the like amount, on the following conditions : (b) The Applicant is directed to attend the Investigating Officer at Parola Police Station, Jalgaon on Friday and Saturday of every week, between 12:00 pm. to 02:00 pm. and co-operate with the Investigating Officer.

(c) The Applicant shall not tamper with the evidence and shall appear before the Investigating Officer as and when required, apart from the days already mentioned above.

(d) The Investigating Officer shall make the investigation papers

3 5.ABA-2073-2025.doc available for perusal of this Court.

4.

Stand over to 15th December, 2025.

MEHROZ K. PATHAN JUDGE NAJEEB..