Nilesh Sheshrao Devhade v. State Of Maharashtra Thr Pso, Mehkar Dist. Buldhana

1 / 4 1- aba 741-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION(ABA) NO.741 OF 2025 Nilesh Sheshrao Dehade Vs. State of Maharashtra ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr.Mohan Agrawal counsel h/f Mr. S.V.Sirpukar, counsel for the applicant.

Ms.Trupti H. Udeshi, APP for the State.

CORAM : MRS. VRUSHALI V. JOSHI, J.

DATE : 01/10/2025 1) Heard.

2) Issue notice to the non-applicant, returnable on 06/11/2025.

3) Learned APP waives service of notice for nonapplicant/State. 4) The applicant is apprehending his arrest in crime No. 524 of 2025, registered with Police Station, Mehkar, District Buldhana for the offences punishable under Sections 303(2),132,352 and 351(2) of Bharatiya Nyaya Sanhita, 2023 and for the offences punishable under Sections 48(7) and 48(8) of the Maharashtra Revenue Code,1966. 5) The information was received about the truck illegally transporting the sand. The homeguard Ingle and

2 / 4 1- aba 741-25 his driver went there, the complainant and other intercepted the trolley- truck and took the accused into custody. During that period Rushikesh Bhaurao Dalvi got on the tractor and started the tractor, and Nilesh Devde sat next to him in the tractor and the two of them turned towards the government side with the tractor trolley. They forcibly took the broken saw machine from the road in front of them and ran towards the government hospital road. However on 27/08/2025, Dnyaneshwar Bhaurao Chavan, Akshay Bajirao Dalvi, Rushikesh Bhaurao Dalvi, and Nilesh Devde were caught transporting sand in tractor. The said accused conspired and robbed it and abused and threatened with dire consequences, thus obstructed government work and servants. Rushikesh Bhaurao Dalvi climbed on the tractor and started the tractor. The allegations against this applicant are that he pushed the government officer and gave threats to him.

6) The learned counsel appearing for the applicant has stated that the other co-accused are already released on bail. The role of this applicant is mentioned only about pushing to the government officials and obstructed their official work. Considering the nature of offence, custodial interrogation is not necessary and prayed to protect him by granting ad interim anticipatory bail.

7) Learned APP opposed the application stating that this applicant has obstructed the government officials and

3 / 4 1- aba 741-25 gave also threats to the other persons, though other accused persons are released on bail, custody of this applicant is necessary. Considering the role played by this applicant, and as the other co-accused who have committed theft of sand are already released on bail, the case is made out to protect the present applicant by granting him ad-interim anticipatory bail.

Accordingly, I pass following order:

i] By way of ad-interim protection it is directed that in the event of arrest of the applicant-Nilesh Sheshrao Devhade in connection with Crime No.524 of 2025, registered with Police Station, Mehkar, District Buldhana for the offences punishable under Sections 303(2), 132, 352 and 351(2) of Bharatiya Nyaya Sanhita, 2023 and for the offences punishable under Sections 48(7) and 48(8) of the Maharashtra Revenue Code,1966 shall be released on bail on furnishing P.R. Bond in the sum of Rupees Twenty Thousand with one solvent surety in the like amount.

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

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

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

4 / 4 1- aba 741-25 v] The applicant shall co-operate the investigation officer.

8.

The protection shall remain in force till next date.

9.

Stand over to 06/11/2025.

JUDGE Signed by: Kavita P Tayade Designation: PS To Honourable Judge Date: 01/10/2025 18:34:52