Lokesh Anandrao Barsagade v. State Of Maharashtra Thr Pos Ps Nagbhid, Tah Nagbhid, Dist Chandrapur

1 ABA399.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [ABA] NO.399 OF 2025 [Lokesh Anandrao Barsagade .vs. State of Maharashtra] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.P. Joshi, Advocate for Applicant.

Shri C.A. Lokhande, APP for Respondent.

.............

CORAM : PRAVIN S. PATIL, J.

DATE : 30 th MAY, 2025 .

1.

Heard.

2.

Issue notice to the respondent-State, returnable on 10.06.2025.

3.

Learned APP waives service of notice for the RespondentState. 4.

It is pointed out by the learned counsel for the applicant that the alleged offence was occurred during the period 01.03.2019 to 15.12.2024 and belatedly on the complaint of Ashish Arun Hadge dated 17.05.2025, the offence came to be registered for the offence punishable under Sections 318 (4), 336 (3) and 3 (5) of the Bharatiya Nyaya Sanhita, 2023.

5.

The applicant is apprehending his arrest in the matter as his name is reflected in the FIR as accused no.4. It is the allegation against the applicant no.4 that he posed himself as a President of the Institute/Society and obtained the certain amount from the students and when the students realised that the amount was wrongly obtained

2 ABA399.25.odt by the present applicant, the applicant has issued them cheques of certain amount. However, it is not clear from the record whether that amount of cheque was released or not.

6.

The applicant further stated that the marriage ceremony of his sister is performed on 30.05.2025 and the reception of marriage is scheduled on 31.05.2025. The applicant assured that he will cooperate to the investigating officer and attend the Police Station daily from 02.06.2025 to 09.06.2025 and further cooperate the investigating officer as and when required by the investigating officer in the Police Station.

7.

Learned APP strongly opposed the application by stating that there is a specific allegation by at least seven students alleging that the present applicant by posing himself as a President of the Institute/ Society had obtained the certain amount from them. Hence, his custody is required in the matter.

8.

It is clear from the record that the alleged offence is taken place during the period 2019 to 2024. The investigating officer till date not taken any steps to arrest the present applicant. Hence, considering this factual position and the undertaking of the applicant that he will cooperate to the investigating officer, it will be justified to grant ad-interim protection to the applicant. Hence, I proceed to pass the following order :

O R D E R

(i) In the event of arrest of the applicant Lokesh Anandrao Barsagade in Crime No.0166/2025 registered at Police Station, Nagbhid, District-Chandrapur for the offence punishable under Sections 318 (4), 336 (3) and 3 (5) of the Bharatiya Nyaya Sanhita, 2023, he shall be released on ad-interim anticipatory bail on his

3 ABA399.25.odt executing P. R. Bond in the sum of Rs.25,000/- with one surety in the like amount.

(ii) The applicant shall attend the Police Station Nagbhid, District-Chandrapur from 02.06.2025 to 09.06.2025 at 11.00 AM to 1.00 PM and further co-operate to the investigating agency during the period of investigation and made himself available as and when called by the Investigating Officer on written notice till completion of the investigation.

(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or to any police officer.

(iv) The applicant shall not tamper with the evidence or obstruct the investigation in any manner.

Place the matter for further consideration on 10/06/2025. Steno copy is allowed.

(PRAVIN S. PATIL, J.) Gulande Signed by: A.S. GULANDE Designation: PS To Honourable Judge Date: 30/05/2025 19:09:08