Ashwin S/O Sanjay Baksare v. The State Of Maharashtra Thr Pso Ps Yashodhara Nagar Nagpur

Diksha Rane 5 ABA 640-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by DIKSHA DINESH RANE Date:

2025.04.16 11:28:29 +0530 CRIMINAL APPELLATE JURISDICTION DIKSHA DINESH RANE ANTICIPATORY BAIL APPLICATION NO. 640/2025

1. ASHISH ANANDRAO KADAM

2. JAYSINHA SHIVAJIRAO PATIL ..APPLICANTS VS.

STATE OF MAHARASHTRA ..RESPONDENT ------------ Adv. Pandit Kasar for applicants.

Mr. A. S. Shalgaonkar, APP for State.

PC 1286 G. S. Bandgar, Akkalkot North Police Station, Solapur. Mr. Derrapa Mahadev Birajdar present.

------------ CORAM : RAJESH S. PATIL, J.

DATE : APRIL 15, 2025.

P.C. :

1.

This application is filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for seeking pre-arrest bail in connection with the First Information Report (FIR) No.64/2025 registered with the Akkalkot North Police Station, for the offence punishable under Sections 318(4) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.

2.

I have heard the learned counsel for both the side and I have gone through the documents on record.

Diksha Rane 5 ABA 640-2025.doc 3.

The present FIR has been filed with the allegation that the applicant was a broker in a transaction of land, wherein the informant was supposed to purchase a land for a consideration of Rs.26 lakhs. The informant paid a sum of Rs.1 lakh to the applicant on 30/1/2025 in cash.

4.

The applicant has submitted that the subject land till date has not been sold to any party. However, in order to show his bonafide a sum of Rs.1 lakhs has been deposited in this Court without admitting the guilt.

5.

The informant today is present in the Court. He has informed the IO that if Rs.1 lakhs paid today only then the informant is ready to give no objection for granting pre-arrest bail to the present applicant.

6.

According to me, it has been alleged that Rs.1 lakh has been paid to the present applicant who was a broker by cash. The applicant has shown his bonafide by depositing a sum of Rs.1 lakh in this Court. If the informant wishes to withdraw this amount, he can make an appropriate application to this Court. The said application has to be decided after the present applicant is heard in the matter.

Diksha Rane 5 ABA 640-2025.doc 7.

As far as the present applicant is concerned, the applicant without admitting the guilt has deposited Rs.1 lakh in this Court, hence the present anticipatory bail application requires to be allowed. Hence, the following order.

ORDER

(a) The anticipatory bail application is allowed. (b) In the event of arrest in connection with FIR No.64/2025 registered with the Akkalkot North Police Station, the applicants shall be released on bail, on furnishing P.R. bonds to the extent of Rs.30,000/- each with one or two sureties each of the like amount. (c) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and shall not tamper with evidence. (d) The applicants shall furnish details of their residential addresses, contact numbers and email addresses to the Investigating Officer.

8.

Needless to say that violation of any of the aforesaid conditions would make the applicants liable to face proceedings for cancellation of this anticipatory bail. It is also clarified that the observations made

Diksha Rane 5 ABA 640-2025.doc in this order are limited to the question of grant of anticipatory bail to the applicants in the present application and that the trial Court shall proceed further, without being influenced by the observations made in this order.

9.

The anticipatory bail application is disposed of. (RAJESH S. PATIL, J.)