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Bombay High CourtABA/921/2025allowed

Amit Moreshwar Thakare v. State Of Maharashtra Thr Pso., Hudkeshwar, Ps Nagpur

2026-02-26Hon'Ble Shri Justice M. W. Chandwani3 pages

2026:BHC-NAG:3406 1 59 aba921.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

: NAGPUR BENCH : NAGPUR.

CRIMINAL APPLICATION [ABA] NO. 921 OF 2025 AMIT MORESHWAR THAKARE

VERSUS

STATE OF MAH, THRU. P.S.O., P.S., HUDKESHWAR, NAGPUR. ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's Order appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. R. D. Hajare, Advocate for the applicant Mr. C. A. Lokhande, A.P.P. for the non-applicant/State. CORAM : M. W. CHANDWANI, J.

DATE : FEBRUARY 26, 2026.

1.

Heard the learned counsel appearing on behalf of the applicant and the learned APP appearing on behalf of the State.

2.

The applicant is apprehending arrest in connection with Crime No. 519/2025 registered with Police Station, Hudkeshwar, Nagpur for the offences punishable under Sections 420, 467 and 468 of the Indian Penal Code. 3.

The allegation against the applicant is that he misrepresented himself as the owner of plot nos.23 and 24, accepted the amount Rs.18,12,000/- from the complainant towards consideration of the said plots and cheated the complainant by preparing bogus agreement to sell. The cheques issued by the applicant towards repayment of the amount of consideration were also dishonoured.

4.

The learned counsel for the applicant submitted that to show his bona fides, the applicant has repaid the

2 59 aba921.25.odt amount of Rs.18,12,500/- to the complainant, which he had received from her towards consideration of the plots in question. He submitted an affidavit in the Court, duly signed by him and the applicant, stating therein, the details of the payment made to the complainant along with copies of the payment receipts. The affidavit is taken on record and marked as "X" for identification. 5.

Perusal of the case diary reveals that the dispute is of civil nature. The applicant, after agreeing to execute the sale deed, has backed out. So far as the allegation of misrepresentation is concerned, it is the contention of the applicant is that he was authorized by the original owner to sell the plots in question. Therefore, on behalf of the original owner, he agreed to sell those plots. 6.

Be that as it may, the fact remains that the entire amount of consideration has been repaid by the applicant, which is stated by him on affidavit. Nothing is required to be seized from the applicant.

7.

In view of the above and considering the submissions, a case is made out for grant of anticipatory bail to the applicant. Hence, I proceed to pass the following order :

i) In the event of arrest of applicant- Amit Moreshwar Thakare in connection with Crime No. 519/2025 registered with Police Station, Hudkeshwar, Nagpur for the offences punishable under Sections 420, 467 and 468 of the Indian Penal Code, he be released on bail on furnishing a PR bond of Rs.25,000/- with one solvent

3 59 aba921.25.odt surety in the like amount.

ii) The applicant shall attend the concerned Police Station on every Monday and Thursday for two weeks between 10.00 am and 12.00 noon and shall co-operate in the investigation.

iii) The applicant shall not indulge in tampering with the prosecution evidence and shall not pressurize the prosecution witnesses in any manner.

iv) Needless to mention that if the affidavit filed by the applicant mentioning the fact of repayment of entire consideration to the complainant is found incorrect, it may entail cancellation of the anticipatory bail granted to him at the instance of the State.

8.

The criminal application is allowed and disposed of in the aforesaid terms.

( M.W.Chandwani, J. ) Diwale Signed by: DIWALE Designation: PS To Honourable Judge Date: 26/02/2026 19:32:48