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Bombay High CourtABA/489/2025allowed

Pundlik Kawduji Thakre v. The State Of Maharashtra, Thr. Pso, Ps, Sitabuldi, Nagpur City

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

2025:BHC-NAG:6965 1 918aba489.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 489 OF 2025 Pundlik Kawduji Thakre 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. A.R. Prasad, counsel for applicant.

Mr. Amit Madiwale, 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. 506/2025 registered with Police Station Sitabuldi, District Nagpur (City), for the offence punishable under Section 303(2) of Bharatiya Nyaya Sanhita, 2023, the applicant approached this Court of grant of prearrest bail. 2.

Heard learned counsel for the applicant, who submitted that applicant was working as a supervisor in the building, namely the "Landmark Building," and in the said building "Reliance Smart Bazar" is functioning. It is alleged that various articles worth of Rs. 5,68,410/- were stolen by the present applicant during the period from 15/02/2025 to 30/04/2025 -. On the basis of the said allegation, the crime is registered.

3.

Learned counsel for the applicant submitted that, on the basis of suspicion, the applicant is arraigned as an

2 918aba489.2025.odt accused. As far as his custodial interrogation is concerned, which is not required. As nothing is to be seized from him, as he is not involved in the said crime. In view of that, he be protected by granting anticipatory bail.

4.

Learned APP strongly opposed for the same and submitted that the list of the articles and the CCTV footage shows the involvement of the present applicant in the alleged offence. In view of that, prayer for grant of anticipatory bail deserves to be rejected.

5.

On hearing both sides and on perusal of the investigation papers, it reveals that the photographs of the CCTV footage are placed on record, the same are blurred. There are no other statements of the witnesses on record to show that present applicant was seen picking up any articles. As far as the custodial interrogation is concerned, which is not required. In view of that, the prayer of the present applicant for grant of anticipatory bail deserves to be allowed. Accordingly, I proceed to pass the following order.

ORDER

a] The criminal application is allowed.

b] In the event of the arrest, the applicant - Pundlik Kawduji Thakre be released on anticipatory bail in connection with Crime No. 506/2025 registered with Police Station Sitabuldi, District Nagpur (City) for the offence punishable under Section 303(2) of Bharatiya Nyaya Sanhita, 2023, on executing P.R. Bond

3 918aba489.2025.odt of Rs. 25,000/- with one solvent surety in the like amount.

c] The applicant shall attend the concerned police station twice in a week on Monday and Thursday between 10.00 a.m. to 01.00 p.m.

and shall cooperate with the investigating agency.

d] The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.

e] The applicant shall not indulge himself in similar types of the activities.

f] The State is at liberty to move application for cancellation of bail, in case of breach of any condition or the applicant repeats the similar offence.

Criminal application is disposed of.

(URMILA JOSHI-PHALKE, J.) rkn