Raju Awdhut Pachade v. State Of Maharashtra Thr Pso Ps Bhakuli Dist Amravati

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.1009/2025 (Raju Awdhut Pachade Vs. State of Maharashtra, through P.S.O., P.S. Bhatkuli, Tq. Bhatkuli, Distt. Amravati (City)) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.B. Gandhe, Advocate for the applicant.

Ms. Mrunal Barabde, A.P.P. for the non-applicant/State. CORAM: MRS.VRUSHALI V. JOSHI, J.

DATED: 26.9.2025.

The applicant is arrested in Crime No.69/2025 for the offence punishable under Sections 109, 126(2), 132, 221, 296, 3(5), 351(2) and 351(3) of the Bhartiya Nyaya Sanhita, 2023 and Sections 15 and 9 of the Environment Protection Act, 1986.

2.

It is the case of prosecution that on 12.4.2025 at about 13.11 hours the Tahsildar Dr. Yele of Bhatkuli Range received information that one truck is carrying sand without permission and passing through Uttamsara village via Gaurikheda Phata. The said sand was allegedly extracted from the government land. On receiving the said information, he called Kotwal from village Kawtha and went to seize the said vehicle. The truck proceeded towards Bhatkuli town, where the co-accused was standing on road, he asked the Driver not to enter Bhatkuli town and go away. The complainant further alleges that when they were chasing the truck, they asked the Driver to stop the truck, but he threatened and abused them. The applicant, who was driving the truck tried to kill the complainant and witnesses by putting the tuck on them. Thereafter the applicant moved his truck

towards Hartala village and from there he run away into jungle. On complaint lodged by the Tahsildar, the crime is registered. 3.

The learned Advocate for the applicant has stated that other co-accused are released on bail. The allegations are made against this applicant that he tried to put the vehicle on the person of the officers but he turned the vehicle and then took it to Koltek village and run away into the jungle. The custody of this applicant is not required, the investigation is complete, the person who has restrained the officers is released on bail and hence, prayed to release him on bail. 4.

The learned A.P.P. opposed the application and submitted that the witnesses have stated about the role of this applicant. The applicant is the person who tried to put truck on the person of the Tahsildar and tried to kill him. The role of this applicant is different from the co-accused. Though the investigation is complete, the charge sheet is not yet filed, hence, prayed to reject the application. 5.

Heard both sides and perused the record.

6.

The allegations are made that this applicant tried to kill the First Informant by putting the vehicle on his person which was allegedly transporting the illegal sand. The person who was standing there asked him not to enter Bhatkuli village and he took turn and went towards the forest. The allegation is made that he tried to put the vehicle on the person of the officers but considering the fact that the applicant has turned the truck and went into jungle, case is made out to release the applicant on bail.

7.

The Criminal application is allowed.

i) Applicant - Raju Awdhut Pachade be released on bail in Crime No.69/2025, registered by Police Station Bhatkuli, Tq. Bhatkuli, Distt.

Amravati, for the offence punishable under Sections 109, 126(2), 132, 221, 296, 3(5), 351(2) and 351(3) of the Bhartiya Nyaya Sanhita, 2023 and Sections 15 and 9 of the Environment Protection Act, 1986, on his furnishing P.R. Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount before the trial Court.

ii) The applicant shall not in any way tamper with the prosecution evidence.

iii) The applicant shall not pressurize or threaten the prosecution witnesses.

iv) The applicant shall co-operate the learned trial Judge in the conduct of the trial.

(MRS.VRUSHALI V.JOSHI, J.) Tambaskar.

Signed by: MR. N.V. TAMBASKAR Designation: PS To Honourable Judge Date: 26/09/2025 19:25:17