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Bombay High CourtABA/719/2025disposedoff

Jayeshkumar S/O Narayanbhai Patel And Others v. The State Of Maharashtra Thr Maregaon Ps, Tq Maregaon, Dist Yavatmal

2025-09-22Hon'Ble Shri Justice M. W. Chandwani3 pages

1 3.aba.719.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 719/2025 Jayeshkumar s/o. Narayanbhai Patel and Ors.

Vs.

The State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A. S. Deshpande, Advocate for the Applicants. Mr. Anant Ghogare, A.P.P. for the Non-applicant/State. CORAM : MRS.VRUSHALI V. JOSHI,J.

DATED : 22/09/2025.

.

Heard.

2.

Issue notice to the non-applicant, returnable on 03.11.2025.

3.

The learned A.P.P. waives service of notice for non-applicant/State.

4.

The applicants have apprehension of arrest in Crime No.182/2025 registered at Police Station Maregaon, District Yavatmal for the offences punishable under Sections 7, 8, 15(1), 15(2), 16(1) of the Environment (Protection) Act, 1986, Sections 3 and 7 of the Essential Commodities Act, 1955, Sections 7, 8, 9, 10, 11, 12, 13 and 14 of the Seed Rule, 1968 and Sections 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

5.

It is alleged that on receiving the information, the raid was conducted and the cotton seeds were found. It is alleged that the applicants were selling the seeds without licence and the said seeds were bogus. 6.

The learned Counsel for the applicants has stated that the applicant No.1 is the Manager, applicant Nos.2 and 3 are the partners and applicant No.4 is the

2 3.aba.719.25 employee. They are not the manufacturer of the said seeds. They are organizers between the manufacturing company and the farmers. The applicants have given invoices of transaction between Dev Seeds Company and Paritosh Seeds Company pertaining to supply of raw seeds by the said Dev Seeds Company. As the offence is registered against these applicants and while registering the offence, the procedure was not followed, the samples were not sent for analysis. Hence, prayed to protect the applicant by granting ad interim anticipatory bail. 7.

Considering the facts mentioned by the applicants and the documents on record, it appears that the applicants were not on the spot. Only because they are the organizers, the crime is registered. They have reasonable apprehension of arrest. Hence, the case is made out to protect the applicants by granting ad-interim anticipatory bail. Accordingly, I pass the following order: i] It is directed that in the event of arrest of the applicants namely applicant No.1.

Jayeshkumar s/o. Narayanbhai Patel,

2. Ushaben w/o. Jayeshkumar Patel,

3. Pankajkumar s/o. Bhikabhai Patel and

4. Maheshkumar s/o. Hemabhai Patel in connection with Crime No.182/2025 registered at Police Station Maregaon, District Yavatmal for the offences punishable under Sections 7, 8, 15(1), 15(2), 16(1) of the Environment (Protection) Act, 1986, Sections 3 and 7 of the Essential Commodities Act, 1955, Sections 7, 8, 9, 10, 11, 12, 13 and 14 of the Seed Rule, 1968

3 3.aba.719.25 and Sections 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, be released on bail on they furnishing P.R. Bond in the sum of Rupees Twenty Five Thousand each with one solvent surety each in the like amount.

ii] The applicants shall not in any way tamper with the prosecution evidence.

iii] The applicants shall not pressurize or threaten the prosecution witnesses.

iv] The applicants shall attend the concerned police station on every Monday between 1:00 p.m. to 2:00 p.m.

v] The applicants shall co-operate the investigation officer.

The protection shall remain in force till next date.

(MRS. VRUSHALI V. JOSHI, J.) RGurnule Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 22/09/2025 19:05:27