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Bombay High CourtABA/2145/2025disposed off

Yadvendra Dilip Sharma v. The State Of Maharashtra And Another

2026-03-07Hon'Ble Shri Justice Mehroz K. Pathan5 pages

2026:BHC-AUG:10189 1 936.ABA-2145-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 2145 OF 2025 YADVENDRA DILIP SHARMA

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER WITH CRIMINAL APPLICATION NO. 4762 OF 2025 IN ABA/2145/2025 ...

Advocate for Applicants : Mr. More Abhijit S. APP for Respondents/State : Mr. P. D. Patil Advocate for the Applicant in Cri.Appln.4762/2025 : Mr. Kishor R. Doke ...

CORAM : MEHROZ K. PATHAN, J.

DATE : 7th MARCH 2026 PER COURT :

1.

Heard the learned Counsel for the Applicant, the learned Counsel for assisting prosecution and the learned APP for the State. 2.

The Applicant has approached this Court, seeking anticipatory bail in connection with Crime No.375/2025 registered with Washi Police Station, District Dharashiv for the offences punishable under Sections 140(3), 351(2) of Bharatiya Nyaya Sanhita, 2023.

3.

The learned Counsel for the Applicant submits that this Court, vide interim order dated 04.12.2025, was pleased to protect

2 936.ABA-2145-2025.doc the Applicant by granting ad-interim bail with a condition to attend the Investigating Officer on every Tuesday and Wednesday between 11:00 a.m. to 01:00 p.m. and to cooperate with the investigation. The Applicant has duly attended the police and has cooperated with the Investigating Officer as directed by this Court. The Applicant has filed a complaint on the very same day, i.e., 11.11.2025, before the Superintendent of Police, Dharashiv, through an online complaint, alleging extortion at the behest of the complainant. The present FIR appears to be an outcome of the said online complaint filed by the Applicant on 11.11.2025 at 01:16 a.m. The FIR has been deliberately filed to wreak vengeance for the Applicant having lodged that online complaint. The Applicant is not having any criminal antecedents and is ready to abide by the conditions that may be imposed by this Court. The Applicant having complied with the conditions imposed vide interim order dated 04.12.2025, the interim protection may be confirmed and the Applicants be released on anticipatory bail. 4.

As against this, the learned APP as well as the learned Assisting Counsel, Mr. Doke, appearing for the complainant, strongly oppose the application on the ground that there are serious allegations of abduction against the Applicant on account of outstanding dues of Rs. 43,41,537/-. It is submitted that the Informant was asked to sit inside the vehicle on the pretext of discussing certain monetary transactions relating to tanker transport work by the Applicant. The Applicant then deliberately drove the said vehicle at high speed, thereby threatening the complainant, and

3 936.ABA-2145-2025.doc warned that if the complainant raised an alarm, he would shoot him. The vehicle was driven in such a rash and dangerous manner that the incident was captured in the CCTV footage at Padgaon Toll Naka, wherein the Applicant is seen driving rashly and damaging the barricades of the Toll Naka. The Applicant was thereafter directed to take the vehicle to the Beed Police Station, and upon reaching, the police authorities instructed the complainant to approach the concerned police station having territorial jurisdiction, where the FIR came to be registered. There is ample evidence collected by the prosecution to establish the involvement of the Applicant in the said crime. The relevant CCTV footage has also been seized during the course of investigation, which corroborates the allegations in the FIR. Hence, this is not a fit case for granting anticipatory bail to the Applicant.

5.

I have gone through the investigation papers made available by the learned APP. I have also perused the interim order dated 04.12.2025 passed by this Court, whereby the Applicant was protected. A perusal of the complaint annexed to the Application shows that, on the very same date as the FIR, i.e., 11.11.2025, the Applicant filed an online complaint regarding an incident dated 10.11.2025 to the Superintendent of Police, Dharashiv. The said complaint also makes mention of the Applicant taking the vehicle to Beed Police Station, as stated even in the present FIR. Thus, it appears that there is a monetary dispute between the Applicant and the complainant, and the false implication of the Applicant cannot be

4 936.ABA-2145-2025.doc ruled out at this stage. However, these are prima facie observations made only for the purpose of deciding the present application and may not influence the trial Court.

6.

After perusal of the investigation papers, it appears that the investigation is almost complete. The Applicant has also attended the police station. No fruitful purpose would be served by again directing custodial interrogation of the Applicant. The apprehensions raised by the learned APP as well as the learned Assisting Counsel can be allayed by imposing stringent conditions upon the Applicant. Hence, I am inclined to protect the Applicant. Hence the following order :

ORDER

(i) The application is allowed.

(ii) The interim order dated 04.12.2025 is hereby confirmed. (iii) The Applicant shall attend the Washi Police Station, District Dharashiv as and when called by the Investigation Officer till filing of the charge-sheet.

(iv) The Applicant is directed not to tamper with the evidence. (v) The Applicant shall not threaten the complainant or the witnesses.

(vi) The Applicant shall attend the trial on each and every date unless so exempted by the trial on emergency conditions. (vii) The Applicant shall submit his Aadhar and PAN Cards to the Investigating Officer and detailed addresses and phone numbers of himself and two of the near relatives.

5 936.ABA-2145-2025.doc (viii) A single violation of the aforesaid conditions, would entitle the prosecution to seek cancellation of bail of the present Applicant on that ground.

(ix) With the aforesaid directions, the application is disposed of. (x) The application for assisting the prosecution is also disposed of.

MEHROZ K. PATHAN JUDGE NAJEEB..