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Bombay High CourtABA/633/2025rejected

Umesh Rai Jadhav v. State Of Maharashtra Thr Pso Ps Koradi Dist Nagpur

2025-08-25Hon'Ble Shri Justice Rajnish R. Vyas3 pages

1 36.ABA.633-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 633 OF 2025 ( Umesh Rai Jadhav Vs.

State of Maharashtra, Thr. PSO PS Koradi Nagpur, Nagpur City, Dist. Nagpur. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Md. Naveed Opai, Advocate for the Applicant. Mr. V.A. Thakare, APP for the Non-applicant/State. CORAM: URMILA JOSHI-PHALKE, J.

DATED : 25th AUGUST, 2025 1.

Apprehending the arrest at the hands of Police in connection with Crime No.242/2025 registered with Police Station Koradi, District Nagpur for the offence punishable under Sections 3(5), 318(4), 316(2) of the Bharatiya Nyaya Sanhita, 2023, the Applicant approached to this Court for grant of pre arrest bail.

2.

The crime is registered on the basis of the report lodged by Naresh Govindrao Ugemuge on an allegation that the State Government under its subsidiary MAVIM is running women's savings Groups and it has resolved that, 200 women shall be selected within a jurisdiction of Bahadura Nagar Panchayat as beneficiaries who shall be given advanced skill training for manufacturing and production of cluster garments and after completion of training. Therefore, they entered into an agreement with M/s Social Buffet, Pune for training the beneficiaries and also entered into an agreement with Varad

2 36.ABA.633-2025.odt Enterprises for purchasing of machines worth Rs. 1,09,90,200/- for the project. It is further alleged that, on 16.12.2025 the machinery was delivered but it was not as per the specifications, and therefore, the present Applicant has not delivered new machines, and therefore, the crime is registered against the present Applicant.

3.

He submitted that, even accepting the allegations as it is no offence is made out against the present Applicant. As far as the custodial interrogation is concerned, which is not required. In view of that, he be protected by granting ad interim anticipatory bail.

4.

Learned APP, strongly opposed the Application and submitted that a huge amount was involved for purchasing the said machines and the present Applicant has not provided the machines as per the specifications and Government is duped by that. In view of that, the prayer for grant of ad interim protection deserves to be rejected. 5.

On hearing both the sides and on perusal of the recitals of the FIR, at this stage immediate custodial interrogation of the present Applicant is not required. The allegation is only to the extent that the machines were not as per its specifications, and therefore, it was returned back and the present Applicant has to provide the new machines as per its specifications. Thus, considering the nature of the allegations, admittedly immediate custodial interrogation is not required. In view of that, the Applicant can be protected by granting ad interim protection. Accordingly, I proceed to pass the following order:

3 36.ABA.633-2025.odt

O R D E R

i.

In the event of the arrest, the ApplicantUmesh Rai Jadhav in connection with Crime No.242/2025 registered with Police Station Koradi, District Nagpur for the offence punishable under Sections 3(5), 318(4), 316(2) of the Bharatiya Nyaya Sanhita, 2023, be released on ad-interim anticipatory bail, on executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

ii.

The Applicant shall attend the concerned Police Station once in a week i.e. on every Monday between 10.00 a.m. and 01.00 p.m. till filing of the charge-sheet and shall cooperate with the investigating agency.

iii.

The Applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.

6.

Mr. Thakare, learned APP, waives notice for the Non-applicant/State, and seeks time to file reply. 7.

List the matter after three weeks.

(URMILA JOSHI-PHALKE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 26/08/2025 14:42:09