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Bombay High CourtABA/2171/2025disposed off

Mahinder Kumar Son Of Ram Kishan v. The State Of Maharashtra

2025-08-05Hon'Ble Shri Justice Amit Borkar2 pages

Digitally signed by CHITRA SANJAY SONAWANE Date:

2025.08.05 15:37:23 +0530 CHITRA SANJAY SONAWANE Chitra Sonawane 915-aba-2171-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Anticipatory Bail Application No.2171 of 2025 Mahinder Kumar s/o Ram Kishan ... Applicant. Vs.

The State of Maharashtra ... Respondent. --- Mr Mohit Bishnoi i/by BB Gawade for the applicant. Mr YM Nakhwa, APP for the respondent / State. Mr SK Zende for the intervenor.

API Arvind Masalkar, Kamothe Police Station.

--- Coram : R.N.Laddha, J.

Date : 5 August 2025.

P.C. :

The learned Counsel for the applicant submits that the alleged transaction, as referred to in the FIR and stated to have occurred between December 2020 and January 2022, does not pertain to any agreement executed by the applicant with the first informant for the sale or transfer of a petrol pump, as is alleged therein. It is contended that no such agreement, oral or written, was ever entered into by the applicant concerning the said petrol pump, and that the nature of the dispute is purely civil. In fact, the only agreement executed by the applicant was in relation to a Page No. 1 of 2 ____________________________________________ 5 August 2025

Chitra Sonawane 915-aba-2171-2025.doc parcel of land situated at Hissar, in the State of Haryana, which has no bearing on the allegations made in the FIR. It is further submitted that during the pendency of the applicant's anticipatory bail application before the Sessions Court, the applicant has demonstrated bona fide conduct by presenting himself before the investigating officer on two occasions i.e. 19 June and 12 July 2025, and extended cooperation with the investigation. The learned Counsel also submits that there is an inordinate and unexplained delay in registration of the FIR, which casts serious doubt on the veracity of the allegations and the genuineness of the prosecutorial motive.

2.

Mr SK Zende appears on behalf of the first informant and seeks time to take instructions. Learned APP also seeks time to take further instructions.

3.

By consent stand over to 3 September 2025. There shall not be any coercive action against the applicant in the present case till the next date.

[R. N. Laddha, J.] Page No. 2 of 2 ____________________________________________ 5 August 2025