Nikhil Mahadeorao Dudhe v. The State Of Maharashtra, Thr. Pso, Darwha, Dist. Yavatmal
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 561 OF 2025 Nikhil Mahadeorao Dhude Vs State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. Rahul Tajne, counsel for applicant.
Mrs. M.A.Barbde, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.
DATED : 2 9 /07/2025.
1.
Apprehending the arrest at the hands of police in connection with Crime No. 496 of 2025 registered at Police Station Darwha, District Yavatmal for the offence punishable under Sections 318(4), 336(2), 336(3), 338, 340(2) of the Bharatiya Nyaya Sanhita, 2023, the applicant approached this Court for grant of pre-arrest bail.
2.
Heard learned counsel for the applicant, who submitted that the applicant, a registered panel engineer of the Municipal Council, is alleged to have submitted fake orders of sub-division of plots owned by Shri Vasantrao Dange, Shri Ravindra Thakre, and Himmatrao Thakre, thereby committing an offence punishable under the aforementioned provisions. He submitted that as far as the creation of the fake document is concerned, the applicant does not consent with whatever is claimed to him; he has only uploaded
to him. No other allegations attributed to him. As far as the custodial interrogation is concerned, which is not required immediately. In view of that, he be protected by granting ad-interim protection.
3.
Learned APP strongly opposed for the same and submitted that considering the gravity of the offence, the prayer for grant of ad-interim protection deserves to be rejected.
4.
On hearing both sides and on perusal of the recitals of the FIR, it reveals that the only allegation against the present applicant is that, he was assigned with work of uploading the proposal cases for the SubDivision of plots. Except that, no other role is attributed to him. As far as custodial interrogation is concerned, which is not required, as everything revolves around the documentary evidence. In view of that, at this stage, the applicant can be protected by granting ad-interim protection. Accordingly, I proceed to pass the following order.
ORDER
a] In the event of arrest, the applicant - Nikhil Mahadeorao Dudhe, shall be released on ad-interim anticipatory bail in connection with Crime No. 496 of 2025 registered at Police Station Darwha, District Yavatmal for the offence punishable under Sections 318(4),
336(2), 336(3), 338, 340(2) of the Bharatiya Nyaya Sanhita,2023, on executing P.R. Bond of Rs. 25,000/- with one solvent surety in the like amount.
b] The applicant shall attend the concerned police station once in a week on Sunday between 10.00 a.m. to 01.00 p.m and shall cooperate with the investigating agency.
c] The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.
d] Issue notice to the non-applicant, returnable after two weeks.
e] Learned Additional Public Prosecutor waives service of notice on behalf of nonapplicant/State and seeks time to file reply.
[URMILA JOSHI-PHALKE, J.]