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Bombay High CourtABA/949/2025allowed

Purushottam Alias Pintya Dnyandev Baywar v. The State Of Maharashtra Thr Pso Ps City Tq And Dist Washim

2026-01-16Hon'Ble Shri Justice M. W. Chandwani3 pages

2026:BHC-NAG:674 1 58-aba-949-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 949 OF 2025 Purushottam @ Pintya Dnyandev Baywar Vs.

State of Maharashtra ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------ Shri Kunal Dhoble, Advocate for applicant.

Shri C. A. Lokhande, APP for non-applicant/State. CORAM :- M. W. CHANDWANI, J.

DATED :- 16.01.2026 Heard.

2.

The applicant seeks anticipatory bail in connection with Crime No. 828/2025 for the offences punishable under Sections 109, 132, 352, 351(2), 351(3), 303(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 registered with Police Station Washim, District Washim.

3.

The allegation against the applicant is the he along with the driver of the Tipper bearing registration no. MH37-T-0200 tried to commit the murder of the complainant and other officials by trying to run them over with the Tipper.

4.

The contention of the learned counsel for the applicant is that the applicant is just the owner of the

2 58-aba-949-25.odt vehicle which was intercepted by the complainant and other officials and hence, the applicant was made an accused in the case. According to him, even the First Information Report (FIR) if taken at its face value, does not attribute the offence under Section 109 of the Bhartiya Nyaya Sanhita, 2023 to the applicant. According to him, custodial interrogation of the applicant is not required and hence, he seeks anticipatory bail. 5.

The learned APP for the State vehemently submitted that when the complainant and other officials tried to intercept the vehicle illegally carrying 'Murum', a minor mineral, the driver of the Tipper tried to run over the complainant and other officials. According to him, the applicant was also present on the spot in his Scorpio Car bearing registration no. MH01-AC-7243. Hence, seeks rejection of the application.

6.

Heard the learned counsels for the respective parties. I have gone through the case-diary. Perusal of the case-diary reveals that after receiving secret information, the complainant and other officials tried to intercept the Tipper bearing registration no. MH37-T0200 and made enquiry to the driver of the vehicle. The driver made a telephone call to someone and started the vehicle. It is alleged that he attempted to kill the complainant and other officials by running over them. It is also alleged in the FIR that the applicant was also present on the spot in his Scorpio car being registration

3 58-aba-949-25.odt no. MH01-AC-7243. The applicant, sitting in the Scorpio car was chasing the Tipper while it was fleeing. 7.

It appears that the allegations of attempt to murder are made against the driver of the vehicle and not against the applicant. The applicant appears to be the owner of the said vehicle which has already been seized. No injury is caused to anybody. Nothing is to be recovered from the applicant. Considering the role attributed to the applicant that he has followed the Tipper; in my view, a case is made out for granting extraordinary protection. Hence, I proceed to pass the following order:- i) The application is allowed.

ii) In the event of arrest, applicantPurushottam @ Pintya Dnyandev Baywar be released on bail on furnishing a PR bond of Rs.25,000/- with one solvent surety in the like amount in connection with Crime No. 828/2025 for the offences punishable under Sections 109, 132, 352, 351(2), 351(3), 303(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 registered with Police Station Washim, District Washim.

iii) The applicant shall attend the concerned Police Station on every Thursday between 10:00 am to 12 noon for three weeks and shall co-operate in the investigation.

(M. W. CHANDWANI, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 17/01/2026 13:18:23