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Bombay High CourtABA/902/2025rejected

Jodhani Ketan Jayantilal @ Ketan Sheth v. The State Of Maharashtra Thr Pso., Ps Nandura Tah And Dist. Buldhana

2025-11-28Hon'Ble Shri Justice M. W. Chandwani3 pages

1 / 3 2-aba 902-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION(ABA) NO.902 OF 2025 Jodhani Ketan Jayantilal @ Ketan Seth 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.C.D.Rohankar, counsel for the applicant.

Ms.M.A.Barabde, APP for the State.

CORAM : MRS. VRUSHALI V. JOSHI, J.

DATE : 28/11/2025 1) Heard.

2) Issue notice to the non-applicant, returnable on 12/12/2025.

3) Learned APP waives service of notice for nonapplicant/State. 4) The applicant has apprehension of arrest in connection with Crime No.466 of 2025 under Section 105 of Bharatiya Nyaya Sanhita 2023, registered with Nandura Police Station, district Buldhana.

5) It is alleged that the present applicant was having knowledge that the poisonous gas produces in the diesel tank and if any one enters in such a tank, he would die; still he asked Mushtak Khan Jabbar Khan and Sajid Khan Jalil Khan to clean such a tank and thereby caused their death.

2 / 3 2-aba 902-25 6) Arif Khan Bashir Khan, has lodged the report, who is the survivor and crime is registered.

7) The learned counsel appearing for the applicant has stated that the applicant is not the owner, he did not call the labours. The complainant himself has stated that all the three persons consumed liquor and thereafter they went there. There was altercation between the applicant and these three persons, therefore, he has taken the name of this applicant.

8) The learned APP has opposed the application stating that two persons died and the person who is the survivor has taken the name of this applicant and on the say of this applicant, he entered into the said tank. The act of negligence is there. Hence, prayed to reject the interim bail.

9) Heard both the sides and perused the record.

10) The first informant has mentioned the name of this applicant. This applicant is neither the owner of the said tank nor he called the labours to clean it. There is substance in the submission made by the applicant that because of altercations between all the three persons before three months, he had taken the name of this applicant. Hence, the case is made out to protect the applicant by granting ad interim anticipatory bail. Accordingly, I pass following order:

3 / 3 2-aba 902-25 i] By way of ad-interim protection, it is directed that in the event of arrest of the applicantJodhani Ketan Jayantilal @ Ketan Sheth in connection with Crime No.466 of 2025 under Section 105 of Bharatiya Nyaya Sanhita 2023, registered with Nandura Police Station,district Buldhana, he 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 Monday and Saturday between 7:00 p.m. and 9:00 p.m.

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

11) The protection shall remain in force till next date.

JUDGE Signed by: Kavita P Tayade Designation: PS To Honourable Judge Date: 29/11/2025 13:39:56