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Bombay High CourtABA/399/2025allowed

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

2025-07-16Hon'Ble Justice Urmila Joshi Phalke3 pages

1 913aba399.2025.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, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R.P. Joshi, counsel for applicant.

Ms. M.A.Barbde, APP for the non-applicant/State. CORAM: URMILA JOSHI-PHALKE, J.

DATED : 16th JULY, 2025 1.

Apprehending the arrest at the hands of police in connection with Crime No.166/2025 registered at Police Station, Nagbhid, District Chandrapur, for the offence punishable under Sections 318(4), 336(3), and 3(5) of the Bhartiya Nyaya Sanhita, 2023, the applicant approached this Court for grant of pre-arrest bail.

2.

The crime is registered on the basis of a report lodged by the informant, namely Ashish Arun Hadage, on an allegation that he is a student and took admission in the academic year 2020 to 2022 in the electrician stream in Vishwakrma Institute of Technology and Nursing Center, Nagbhid. The course got completed in the month of July, 2022, but the said institute did not issue a diploma certificate. As a result, the complainant was unable to secure employment despite having paid the necessary fees. Thus, he is duped by the present applicant.

2 913aba399.2025.odt 3.

Heard learned counsel for the applicant, who submitted that applicant is the brother of the director of the said institution, and has no concerned with the said transaction. He has already cooperated with the investigating agency, and his custodial interrogation is not required. 4.

Learned APP strongly opposed the said application on the ground that as many as 163 students have come forward with similar allegations against the present applicant, in view of that, his custodial interrogation is required.

5.

On hearing both sides and on perusal of the recitals of the FIR and the investigation papers, as far as present applicant is concerned, the only allegation is that he has issued some cheques. In fact, the applicant's brother is the director of the said institute. The applicant has already cooperated with the investigating agency, in view of that, his custodial interrogation is not required. Therefore, I proceed to pass the following order.

ORDER

a] Criminal application is allowed.

b] The interim protection granted to the present applicant by order dated 30/05/2025 is hereby confirmed on the condition that the applicant shall attend the concerned Police Station once in a week on Monday between 10.00 a.m. to 01.00 p.m. till filing of the charge-sheet and shall cooperate with the investigating agency

3 913aba399.2025.odt c] The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the present case.

The criminal application is disposed of.

(URMILA JOSHI-PHALKE, J.) rkn