Chetan Mukteshwar Ambade v. State Of Maharashtra Thr Pso, Gadchiroli Ps Tah And Dist. Gadchiroli

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (ABA) No. 868 of 2025 Chetan Mukteshwar Ambade

Versus

The State of Maharashtra through Police Station Officer, Police Station Gadchiroli, Taq. And Dist. Gadchiroli Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Alok Singh, Advocate for the applicant through VC Shri V.A.Thakare, APP for the respondent/State. CORAM : NIVEDITA P. MEHTA, J.

DATED : 20th NOVEMBER, 2025.

1.

Issue notice to the non-applicant, returnable on 09.12.2025.

2.

The learned APP waives service of notice for non-applicant and seeks time to file reply. Time as sought is granted.

3.

The applicant has filed the present application seeking anticipatory bail, apprehending his arrest in connection with Crime No. 0814/2025, registered with Police Station Gadchiroli, District Gadchiroli, for offences allegedly punishable under Section 318(4) of the Bharatiya Nyay Sanhita, 2023 (hereinafter referred to as "BNS, 2023").

4.

The prosecution case, as set out in the First Information Report, is that Arun Pralhad Urade lodged a complaint alleging that there was an agreement for sale and purchase in respect of certain immovable property, which was purportedly executed by the accused, Yogesh Mhashakhetri, in favour of the informant. It is further alleged that the accused was never the owner of the said land, specifically plot nos. 2, 3, and 4, bearing Survey No. 4/1 of Mouza Navegaon, Tahsil & District Gadchiroli.

5.

Learned counsel for the applicant submits that the applicant had no role in the said transaction and has no connection whatsoever with the property in question. It is further submitted that the name of the applicant does not appear in the FIR. Counsel further submits that the applicant received a written notice via WhatsApp, calling him for inquiry, which has created an apprehension of arrest. It is contended that the applicant may be falsely implicated in the offence and, therefore, has approached this Court for anticipatory bail. 6.

Learned Additional Public Prosecutor, on the other hand, submits that during the course of investigation it has been revealed that the applicant may have been involved in the alleged offence and was, therefore, called for inquiry. It is stated that there may

have been some monetary transactions in connection with the case and that the applicant's connection with the main accused, Yogesh Mhashakhetri, cannot be ruled out. Consequently, the prosecution has prayed for rejection of the application.

7.

I have considered the rival submissions and perused the First Information Report. Attention is drawn to an agreement dated 26.05.2023, wherein the accused, Yogesh Mhashakhetri, declared in writing on stamp paper that the agreement relating to the aforesaid land stood cancelled and that the present applicant had no responsibility in connection therewith. The FIR indicates that the transaction in question pertains to sale and purchase of immovable property, and the present applicant is not mentioned therein as being involved in the alleged offence.

8.

Prima facie, although the applicant may be called for investigation, there appears to be no immediate necessity for his arrest. In view of the above, I am of the considered opinion that the applicant has made out a case for grant of ad-interim anticipatory bail. Hence the following order:

ORDER

I.

In the event of arrest of the applicant in Crime No. 0814/2025, registered with Police Station Gadchiroli, District Gadchiroli, for the offences punishable under Section 318(4) of Bharatiya Nyay Sanhita, the applicant shall be released on furnishing solvent surety of Rs.15,000/- with PR bond of like amount.

II.

The applicant shall attend the concerned Police Station as and when called by the Investigating Officer and shall co-operate with the investigation. III.

Interim protection shall operate till 09.12.2025.

[NIVEDITA P. MEHTA, J.] Signed by: Mr. S.K. NAIR Designation: PS To Honourable Judge Date: 20/11/2025 17:48:33